J. PADMANABHAN Vs. THE SECRETARY TO THE GOVERNMENT OF TAMIL NADU REVENUE DEPARTMENT SECRETARIAT AND ORS.

JUDGEMENT

(1.) The petitioner has come forward with the present Writ Petition seeking for issuance of Certiorarified Mandamus to call for the records of the letter O.Mu. No. 4046/2015/A3 dated 30.06.2015 issued by the second respondent and to quash the same and consequently direct the second respondent to issue the legal heir certificate of the petitioner's wife.

(2.) The petitioner worked in Tamil Nadu Police Service and retired from service on 30.09.1996. The petitioner's wife by name P. Vasantha died on 02.02.1993 at Government General Hospital, Chennai. The death of the petitioner's wife was registered and death certificate was also issued by the Corporation of Madras. The petitioner's wife P. Vasantha left behind the petitioner as only legal heir as there was no issues for them. Due to preoccupation with his work, the petitioner was not in a position to apply for legal heir certificate of his wife late P. Vasantha, immediately after her death.

(3.) The said P. Vasantha had some immovable property, now the petitioner has decided to deal with the said property, for which the petitioner applied for the legal heir certificate before the second respondent. The second respondent vide letter dated 30.06.2015, replied stating that the death of P. Vasantha took place 22 years before i.e., on 02.02.1993, it is not possible for them to issue legal heirship certificate and directed the petitioner to approach the appropriate Court for obtaining legal heir certificate. Aggrieved over the said order, the petitioner filed the present writ present writ petition.