Elsa Vasantha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.10247 of 2021 Elsa Vasantha

...Petitioner

Vs

1. The District Collector, Udaga Mandalam, Nilgiris District.

2 The Tahsildar, Kothagiri, Nilgiris District.

3. The Revenue Inspector, Zone-1, Kothagiri, Nilgiris District

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider and dispose the petitioner's appeal dated 23.12.2019, pending on the file of the first respondent. For Petitioner : Mr.M.Prabakar For Respondents : Mr.R.A.S.Senthilvel, AGP ****

ORDER

The petitioner, claiming to be an adopted daughter, is seeking a direction to the first respondent to issue her a legal heirship certificate.

2.

Heard both sides and perused the materials available on record.

3.

Admittedly, the adoption was not registered. Be that as it may, the Tahsildar, cannot go into the question of adoption and it is only the Civil Court, which has got jurisdiction to test the validity of the adoption. Therefore, the Writ Petition is not maintainable.

4.

Accordingly, this Writ Petition is dismissed as not maintainable. No costs. It is open to the petitioner to move the appropriate Civil Court to redress her grievance. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar srn To

1. The District Collector, Udaga Mandalam, Nilgiris District.

2 The Tahsildar, Kothagiri, Nilgiris District.

3. The Revenue Inspector, Zone-1, Kothagiri, Nilgiris District +1cc to Mr.M.Prabhakar, Advocate, S.R.No.25106 +1cc to the Government Pleader, S.R.No.25307 W.P.No.10247 of 2021 SVI(CO) CB(05/07/2021)

PUSHPA SATHYANARAYANA, J.

srn 23.04.2021