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Madras High CourtWP/6348/2025disposed of

S.Valli v. The Revenue Divisional Officer

2025-02-26Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.VALLI ... Petitioner Vs 1.

THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, SOUTH CHENNAI REVENUE DIVISION, GUINDY, CHENNAI- 600 032.

2.

THE THASILDHAR, OFFICE OF THE THASILDHAR, GUINDY, CHENNAI- 600 032.

3.

SHEEBA KUMARI 4.

S.SREEJA KUMARI ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation (appeal) dated 18.10.2023 to cancel the legal heirship certificate bearing No. TN- 7202305152399 dated 21.05.2023 issued by the second respondent in favouring the third and fourth respondents by holding an lawful inquiry with opportunity of personal hearing to the petitioner.

For Petitioner : Mr.M.Prakash Kumar 1/4

For R1 & R2 : Mr.R.Neelakandan Additional Government Pleader assisted by Mr.R.Murthi Government Advocate

ORDER

This writ petition has been filed to direct the first respondent to consider the petitioner's representation (appeal) dated 18.10.2023 to cancel the legal heirship certificate bearing No. TN-7202305152399 dated 21.05.2023 issued by the second respondent in favour of the third and fourth respondents.

2. The grievance of the petitioner is that in respect of the legal heirship certificate issued for the death of the petitioner's mother in law, the petitioner claims that she should be included as a legal heir, being the wife of the predeceased son. However, it is the contention of the petitioner that the third and fourth respondents have provided erroneous information, stating that the petitioner is divorced and therefore, her name was not included in the legal heir ship certificate.

3. When the matter came up for admission, the learned Additional Advocate General appearing on behalf of the first and second respondents would submit that an enquiry was already underway. He further submitted that, as per the relevant Government orders, if any incorrect information is 2/4

provided by the parties, the authorities are entitled to reconsider the issue.

4. In view of the limited order that is going to be passed, this writ petition is disposed of at the admission stage without notice to the third and fourth respondents. The rights of the parties are kept open and allegations are not decided in this order.

5. In view thereof, this writ petition is disposed of with a direction to the first respondent to continue the enquiry on the petitioner's representation dated 18.10.2023 by duly issuing notice to both the petitioner and the third and fourth reapondents and pass orders in accordance with law. The above exericise shall be carried out within a period of twelve weeks from the date of receipt/production of the website-uploaded copy of this order, without waiting for the certified copy of the order. No costs. 26.02.2025 nsl D.BHARATHA CHAKRAVARTHY, J.

3/4

nsl To 1.

THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, SOUTH CHENNAI REVENUE DIVISION, GUINDY, CHENNAI- 600 032.

2.

THE THASILDHAR, OFFICE OF THE THASILDHAR, GUINDY, CHENNAI- 600 032.

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