Mr.Murugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Mr.Murugan

...Petitioner

-Vs1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Revenue Divisional Officer, Kanchipuram Revenue Division, Kanchipuram.

3. The Tahsildhar, Sriperumbudur Taluk, Sriperumbudur.

4. K.Ravikumar

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to order passed by the 2nd respondent in Mu.Mu. 1830/2013/a5 dated 7.3.2014 to quash the same and further to direct the 3rd respondent to conduct the proceedings in Pa.Mu.No.7820/2009/A3 1/4

dated 11.1.2010 by administering a fresh enquiry and to issue legal heirship certificate to the petitioner in accordance with law within a time frame limit.

For Petitioner : Mr.C.K.M.Appaji For Respondents :

(for R1 to R3) : Mr.T.Arun Kumar, AGP (for R4) : Mr.B.Balamurugesan

O R D E R

The order impugned reveals that the application submitted by the writ petitioner to cancel the legal heirship was considered by the Revenue Divisional Officer who in turn found that the deceased person had got two wives.Therefore, the parties are to be relegated to the competent Civil Court for resolving the issues.

2.The legal heirship certificate is to be issued by the competent authority in the absence of any dispute and if there is a family dispute or otherwise, then the parties have to approach the competent Civil Court of law for the purpose of establishing their right. 2/4

3.The legal heir certificate issued would indicate that the deceased Thiru Neelakandan has one wife that is Tmt.Adhilakshmi. However on inquiry, the Revenue Divisional Officer found that he had two wives and therefore, the petitioner is at liberty to approach the competent Civil Court of law for the purpose of resolving the dispute. With these observations, the writ petition stands disposed of. No costs.

(sha) 26.04.2023 Index : Yes Speaking Order To

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Revenue Divisional Officer, Kanchipuram Revenue Division, Kanchipuram.

3. The Tahsildhar, Sriperumbudur Taluk, Sriperumbudur.

3/4

S.M.SUBRAMANIAM . J., (sha) 26.04.2023 4/4