A.Kunjappan v. The District Collector Of Dharmapuri
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY A.KUNJAPPAN ... Petitioner Vs 1.
THE DISTRICT COLLECTOR OF DHARMAPURI, DHARMAPURI.
2.
THE DISTRICT REVENUE OFFICER, DHARMAPURI, DHARMAPURI DISTRICT.
3.
THE REVENUE DIVISIONAL OFFICER, DHARMAPURI DHARMAPURI DISTRICT 4.
THE TAHSILDAR, TALUK OFFICE, NALLAMPALLI - 636 807, NALLAMPALLI TALUK, DHARMAPURI DISTRICT.
5.
PACHAIAPPAN 6.
MURUGESAN
7. CHINNAMMAL ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to enquire into the matter and cancel the bogus Death Certificate dated 08.01.2014 issued by the Village Administrative Officer, Mookkanahalli, Dharmapuri 1/6
District and bogus Legal Heirship certificate dated 02.11.2017 issued by the Tahsildar, Nallampalli Taluk, obtained by the respondents 5 to 7 by considering the petitioner's representation dated 09.09.2024. For Petitioner : Mr.V.Chinnasami For R1 to R4 : Mr.R.Neelakandan Additional Advocate General Assisted by Dr.S.Suriya Additional Government Pleader
ORDER
This writ petition is filed with a prayer to direct the respondents 1 to 4 to enquire into the matter and cancel the bogus death certificate dated 08.01.2014 issued by the Village Administrative Officer, Mookkanahalli, Dharmapuri District and bogus legal heirship certificate dated 02.11.2017 issued by the Tahsildar, Nallampalli Taluk, obtained by the respondents 5 to 7 by considering the petitioner's representation dated 09.09.2024.
2. The grievance of the petitioner is twofold. Firstly, it relates to the 2/6
issuance of a death certificate and legal heirship certificate. Secondly, it relates to certain property transactions. This Court is not expressing any opinion about the property transaction and the petitioner must resort to the civil remedies in respect of those property transactions in manner known to law. The only grievance of the petitioner is that, when a death certificate and the legal certificate were issued in respect of the death of one Mr.Nadanthan Gounter, the entire death as reported by the concerned applicants is bogus and the legal heir's particulars are also incorrect. It is reported that Mr.Nadanthan Gounter died in the year 1989, but the certificates state that he died only in 2014. Therefore, the petitioner has made a representation and request the respondents to conduct an enquiry.
3. The learned Additional Advocate General appearing on behalf of the respondents 1 to 4 would submit that the Government order in this regard enables the authorities to conduct an enquiry and review the certificates that have been issued based on bogus particulars or false facts. However, he also submits that these certificates were issued in 2014 and 2017.
4. In view of the nature of the order that is made by this Court, which 3/6
pertains only to conducting an enquiry and not in any manner determining the rights of the parties, this writ petition is disposed of at the admission stage itself, without notice to the private respondents 5 to 7.
5. In view thereof, this writ petition is disposed of the following terms:- (i) The fourth respondent shall take up the representation filed by the petitioner for enquiry on 09.09.2024 and shall issue notice to the petitioner as well as the respondents 5 to 7, conduct the enquiry and pass orders in accordance with law.
(ii) The said exercise shall be carried out within a period of six weeks from the date of receipt/production of the website uploaded copy of this order, without waiting for the certified copy of the order.
(iii) No costs.
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To 1.
THE DISTRICT COLLECTOR OF DHARMAPURI, DHARMAPURI.
2.
THE DISTRICT REVENUE OFFICER, DHARMAPURI, DHARMAPURI DISTRICT.
3.
THE REVENUE DIVISIONAL OFFICER, DHARMAPURI DHARMAPURI DISTRICT 4.
THE TAHSILDAR, TALUK OFFICE, NALLAMPALLI - 636 807, NALLAMPALLI TALUK, DHARMAPURI DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
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