M.Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M.Natarajan ... Petitioner Vs.

1.The District Collector Tiruppur Tiruppur District.

2.The Revenue Divisional Officer Tiruppur Tiruppur District.

3.The Tahsildar Palladam Tiruppur District.

4.Subramaniam 5.Rangammal 6.Dhandapani ....Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.2 to dispose of the appeal dated 18.08.2024 filed by the petitioner within a time bound manner and to pass any other orders which this Court may be think fit and proper under the circumstances of the case.

For Petitioner : M/s.B.Dharani For Respondents : Mr.S.Balamurugan for R1 to R3 Government Advocate

ORDER

This Writ Petition is filed for a Writ of Mandamus directing the the second respondent to dispose of the appeal dated 18.08.2024 filed by the petitioner within a time bound manner.

2. Upon hearing the learned counsel appearing on behalf of the petitioner and perusing the affidavit filed in support of the Writ Petition, it is the contention of the learned counsel for the petitioner that one Ramasamy 2/5

Gounder died on 22.01.1940 and a legal heirship certificate was originally issued on 04.05.1973. However, the respondents 4 to 6 are now placing reliance on a legal heirship certificate supposed to be issued on 22.11.1984.

3. It is the contention of the petitioner that the certificate is forged. As a matter of fact, in paragraph 6 of the affidavit itself the petitioner has categorically mentioned that the enquiry revealed that no such legal heirship certificate was given and further allegations are made that the respondents 4 to 6 prepared the dubious death and legal heirship certificate of Ramaswami Gounder and his son Vadamalai Gounder. If that be so, there is no question of reconsidering or entertaining an appeal as against forged certificates. The petitioner can very well file a criminal complaint regarding the offence of forgery that is committed and it is for the appropriate law enforcing agency to investigate and charge the respondents 4 to 6 if they had actually committed forgery.

4. With the said liberty kept open to the petitioner, this Writ Petition is disposed of. No costs.

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24.03.2025 dna To 1.The District Collector Tiruppur Tiruppur District.

2.The Revenue Divisional Officer Tiruppur Tiruppur District.

3.The Tahsildar Palladam Tiruppur District.

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D.BHARATHA CHAKRAVARTHY , J.

dna 24.03.2025 5/5