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Madras High CourtWP/8798/2023disposed of

Sindhubairavi, v. The District Collector Of Krishnagiri,

2023-03-21Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.8798 of 2023 and W.M.P.No.8975 of 2023 Sindhubairavi ... Petitioner Vs.

1. The District Collector of Krishnagiri, O/o.District Collectorate, Krishnagiri.

2. The Sub Collector, Sub Divisional Office, Dhenkanikotta Road, Hosur - 635 109.

3. The Revenue Inspector, O/o.The Taluk Office, Dhenkanikotta to Sub Jail Road, Shanthi Nagar East, Hosur - 635 109.

4. The Tahsildar, O/o.The Taluk Office, Dhenkanikotta to Sub Jail Road, Shanthi Nagar East, Hosur - 635 109.

5. Deepa ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the order dated 10.12.2022 made in Na.Ka.No.2567/2022/A4 of the 2nd 1/5

respondent, and to quash the same.

For Petitioner : Mr.V.R.Anna Gandhi For R1 to R4 : Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

Aggrieved by the cancellation of legal heir certificate issued by the fourth respondent / Tahsildar, the petitioner is before this Court.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice on behalf of the respondents 1 to 4. In view of the consent expressed by the learned counsel appearing on either side, this writ petition is taken up for final disposal at the admission stage itself.

3. Admittedly there is a dispute between the petitioner and the fifth respondent and a suit is pending before the District Munsif Court, Hosur in O.S.No.81 of 2022 filed by the petitioner. The petitioner claims that she is one of the legal heir of late K.Srinivasan. After his death she obtained legal heirship certificate dated 18.02.2022. Upon coming to know that the fifth respondent is also claiming to be the wife of her father, the petitioner has filed a suit before the Distict Munsif Court, Hosur which is pending as on date.

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4. In this writ petition, the petitioner seeks to quash the cancellation of legal heir certificate issued to the petitioner. It is seen that the petitioner has approached the civil Court for the same cause of action. The petitioner cannot ride multiple horses at a time for the same cause of action. Since the issue involved in this writ petition concerns factual disputes, this Court sitting under Article 226 of Constitution of India cannot go into factual issues of the matter. Hence, the petitioner can pursue the suit before the Civil Court and raise all contentions raised in this writ petition.

5. In the light of the same, this writ petition stands dismissed. The petitioner and the fifth respondent are at liberty to workout the remedy before the civil forum. No costs. Consequently connected miscellaneous petition is closed.

21.03.2023 Index : Yes / No Speaking order / Nonspeaking order (rap) To

1. The District Collector of Krishnagiri, 3/5

O/o.District Collectorate, Krishnagiri.

2. The Sub Collector, Sub Divisional Office, Dhenkanikotta Road, Hosur - 635 109.

3. The Revenue Inspector, O/o.The Taluk Office, Dhenkanikotta to Sub Jail Road, Shanthi Nagar East, Hosur - 635 109.

4. The Tahsildar, O/o.The Taluk Office, Dhenkanikotta to Sub Jail Road, Shanthi Nagar East, Hosur - 635 109.

M.DHANDAPANI, J.

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(rap) 21.03.2023 5/5