Smt. S.Kaliammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI S.Kaliammal Petitioner(s) Vs
1. The District Collector District Collectors Office, Tirupur District.
2.The Tahsildar, Tirupur Tahsildar Office, Tirupur District.
3.The District Registrar, Office of The District Registrar, Tirupur District.
4.The Sub Registrar, Tirupur Sub-Registrars Office, Tirupur District.
5.A. Eshwaran 6.A. Maruthasalam 7.A. Muthusamy 8.A. Arumugam 9.A. Rukmani
10.Dhanalakshmi Respondent(s) PRAYER; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Certiorari calling for the records of the impugned Certificate dated 28.8.2010 issued by the 2nd Respondent vide Na. Ka. No. 0682 / 2010 / a6 in favour of the 6th Respondent namely Maruthasalam, S/o. (Late). Angamuthu (a) Angappa Mudaliar, quash the same. For Petitioner(s):
Mr.C.Veeraraghavan For Respondent(s):
Mr.S.Sasikumar, GA RR1 to 4 R10 - No appearance RR5 to 9 Not ready notice
ORDER
This is yet another writ petition filed challenging a document issued by the Revenue authorities in respect of the property dispute.
2. The petitioner is principally aggrieved by the legal heirship certificate issued by the second respondent in favour of her nephews and niece. The petitioner's grandfather was in possession and enjoyment of 8.19 acres of land at Chettipalayam Village, Tiruppur Taluk. The petitioner's father died intestate leaving behind his 5 sons and the petitioner has surviving legal heir. Mother of the petitioner pre-deceased her father. According to the petitioner, she is entitled to 1/6 th share over the property.
3. While the matter stood thus, two of her brothers joined together, and sought a larger piece of lands of themselves. Their demand was rejected by the petitioner and her other brothers and the legal heirs of the deceased brothers. A civil suit was filed for partition and separate possession by one of the brother of the petitioner. Pending suit, the said brother died. No steps were taken by the legal heirs to get along with the suit. Over a period of time, all her brothers died interstate leaving behind their legal heirs.
4. While the matter stood thus, the petitioner came to know that the respondents 5 to 8 who are her nephews born to her brother Angappan, had sold a portion of the property to third parties. When the petitioner checked the encumbrance in the revenue department, she came to know that the respondents have obtained a forged death certificate wherein the name of her father is Pazhani @ Pazhaniyappa Mudhaliyar S/o.Late Karunaipathi Mudhaliyar whereas her grandfather's name was Chinna Angappa Mudhaliyar. According to the petitioner, the said death certificate is a false one. Likewise, the respondents 5 to 8 have also obtained a false legal heirship certificate. Based on which, the revenue authorities registered the sale between the respondents 5 to 8 and third parties.
5. The petitioner has not impleaded the persons to whom the property was sold. Even otherwise, such civil disputes and right over properties cannot be
examined in the writ jurisdiction based on the affidavit evidence. The issue requires both oral and documentary evidence and only then, the Court would be in a position to determine the title over the property.
6. The writ petition stands dismissed with liberty to the petitioner to move the civil Court for appropriate remedy. No costs. Consequently, connected miscellaneous petition is closed.
19-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector District Collectors Office, Tirupur District.
2.The Tahsildar, Tirupur Tahsildar Office, Tirupur District.
3.The District Registrar, Office Of The District Registrar, Tirupur District.
4.The Sub Registrar, Tirupur Sub-registrars Office, Tirupur District.
M.DHANDAPANI J.
rli W.P.No.8179 of 2021 19.09.2025