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In Re: Mrs. T.R. Faria - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai High Court
Decided On
Reported in(1976)1MLJ275
AppellantIn Re: Mrs. T.R. Faria
Excerpt:
- t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the constitution., the rule is not assailed on the ground of lack of competence. it is challenged only on the ground that it is violative of articles 14 and..........before me by reason of the office note.the petitioner seeking a succession certificate is an anglo-indian. the objection of the office is that the petition is not maintainable, because the definition of 'indian christian' under section 2(d) of the indian succession act, would not enable an anglo-indian to file a petition for succession certificate. the proper remedy would be to apply for letters of administration, in view of sections 212 and 219 of the act. prima facie i am inclined to agree with the office note. however, what mr. r. mohan, learned counsel, would urge is that if anglo-indians are excluded from the purview of the indian succession act for obtaining succession certificate, it would constitute a discrimination within the meaning of article 14 of the constitution of.....
Judgment:
ORDER

S. Mohan, J.

1. An interesting question has arisen before me by reason of the office note.

The Petitioner seeking a succession certificate is an Anglo-Indian. The objection of the office is that the petition is not maintainable, because the definition of 'Indian Christian' under Section 2(d) of the Indian Succession Act, would not enable an Anglo-Indian to file a petition for succession certificate. The proper remedy would be to apply for letters of administration, in view of Sections 212 and 219 of the Act. Prima facie I am inclined to agree with the office note. However, what Mr. R. Mohan, Learned Counsel, would urge is that if Anglo-Indians are excluded from the purview of the Indian Succession Act for obtaining succession certificate, it would constitute a discrimination within the meaning of Article 14 of the Constitution of India. I am afraid I cannot decide this point at this stage. Certainly, it will be open to the petitioner to file a writ petition challenging the provisions of the Indian Succession Act on the ground of inequality, by means of a writ petition. To enable him to do so, this matter will stand adjourned by one month. Till then, the original petition will be kept pending. Of course, it will be open to the applicant to file a petition for the issue of letters of administration.


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