1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)No.219 of 2011 J.Janet Elgeeva .. Petitioner Vs. The Tahsildar, Senkottai Taluk, Tirunelveli District. ..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 04.12.2010. For Petitioner : Mr.P.Muthudurai For Respondents : Mr.N.A.Nandagopan, Addl.Govt.Pleader O R D E R The petitioner seeks a Writ of Mandamus directing the respondent to consider her representation dated 04.12.2010 on merits and as per law. 2.The petitioner is stated to be the adopted daughter of Flora Arputham Thomas, who was working as teacher in A.G. Primary School, Piranoor, Sengottai Taluk. She was nominated as the person to receive the retirement benefits. Subsequently, the said Flora Arbutham Thomas died on 25.08.2010. Since the petitioner was nominated as the person to receive the benefits, she made an application before the respondent to issue Legal heir certificate. The said request was not considered, which made the petitioner to file the writ petition. 3.I have heard the learned counsel for the parties. 4.The learned Government Advocate on instruction would submit that the petitioner has not produced any documents to show that he is the legal heir of Flora Arputham Thomas and as such, certificate was not issued. 5.The learned counsel for the petitioner submitted that enquiry has already been conducted by the respondent and as such they should pass appropriate orders on merits. 6.The question as to whether the petitioner has made out a case for issuance of legal heir certificate is a matter to be decided by the respondents. The petitioner has projected a case of adoption. It is for the respondents to decide as to whether there was an adoption and as to whether such an adoption was legally permissible. Therefore, I am of the view that interest of justice would be sub served in case a direction is issued to the respondent to consider and dispose of the representation of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 7.Accordingly, the respondent is directed to consider and dispose of the representation submitted by the petitioner on 04.12.2010 on merits and as per law, as expeditiously as possible and in any case, within a period of two months from the date of receipt of a copy of this order. 8.It is made clear that I have not considered the merits of the matter. It is for the respondent to decide the issue purely on merits. The direction to consider the issue should not be taken as a direction to issue legal heir certificate. 9.The Writ Petition is disposed of with the above direction. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR MPK To The Tahsildar, Senkottai Taluk, Tirunelveli District. 1CC TO THE SPL. GOVT PLEADER SR: 2871: DM:2011:FEBRUARY:11:: W.P(MD)No.219 of 2011 24.01.2011 2P;3C:: https://hcservices.ecourts.gov.in/hcservices/