K.Vijayasekar, M/60 v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.VIJAYASEKAR ... Petitioner Vs 1.
THE DISTRICT COLLECTOR, CHENNAI DISTRICT, SINGARAVELAR MALIGAI, RAJAJI SALAI, CHENNAI - 600 001.
2.
THE THASILDHAR, MYLAPORE TALUK, CHENNAI DISTRICT, CHENNAI - 600 028.
3.
THE REVENUE DIVISIONAL OFFICER, SOUTH CHENNAI, GUINDY, CHENNAI - 600 032.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the Respondents to cancel the legal heir certificate No.Dis.A1/23249/95 dated 20.10.1995 and thereby direct the respondents to issue a fresh legal heirs certificate including the names of this petitioner along with his sisters and brother name in accordance with law. 1/5
For Petitioner : Mr.K.Bommuraj For R1 to R3 : Mr.R.Neelakandan, Additional Advocate General VIII assisted by Mr.R.Murthi Government Advocate
ORDER
The prayer in the writ petition is to direct the respondents to cancel the legal heir certificate No.Dis.A1/23249/95, dated 20.10.1995.
2. Upon perusal of the affidavit filed in support of the writ petition and the material papers on record, it is seen that the grievance of the petitioner is that when the petitioner's father, late V.J.Kumaradass alias V.J.K.Kass, died on 12.09.1995, a legal heirship certificate was issued without including the name of the petitioner. Therefore, the case of the petitioner is that his name should be included in the legal heirship certificate. For such a grievance, the legal heirship certificate need not be cancelled. However, the name of the petitioner and that of any other legal heir, can also be included.
3. In view thereof, after hearing Mr.R.Neelakandan, learned Additional Advocate General - VIII appearing on behalf of the respondents, this writ 2/5
petition is disposed of on the following terms:- (i) The petitioner can make an application to the second respondent to additionally include the name of the petitioner or any other relevant person. The petitioner shall make the application within one week from the date of receipt of the web copy of this order.
(ii) Upon such application being made, the second respondent shall consider the same in accordance with law and pass appropriate orders. If the second respondent finds that the petitioner or any other legal heirs were left out, their names can be included and the legal heirship certificate can be reissued.
(iii) The said exercise shall be completed within a period of twelve weeks from the date of filing of the application by the petitioner. No costs. 30.04.2025 nsl 3/5
To 1.
THE DISTRICT COLLECTOR, CHENNAI DISTRICT, SINGARAVELAR MALIGAI, RAJAJI SALAI, CHENNAI - 600 001.
2.
THE THASILDHAR, MYLAPORE TALUK, CHENNAI DISTRICT, CHENNAI - 600 028.
3.
THE REVENUE DIVISIONAL OFFICER, SOUTH CHENNAI, GUINDY, CHENNAI - 600 032.
4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl 30.04.2025 5/5