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Madras High CourtWP/18828/2023closed

Sulaiman v. The District Collector

2023-06-28Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.18828 of 2023 and WMP.No.18058 of 2023 Sulaiman ... petitioner -Vs1. The District Collector, Kancheepuram District.

2. The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.

3. The Tahsildar, Kundrathur Taluk, Kancheepuram District.

4. Sivakumar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Certiorarified Mandamus calling for the records relating to the order dated 08.02.2023 passed by the first respondent herein in Na.Ka.No.9309/2022/Y.1 quash the same and consequently, direct the respondents 1 to 3 herein to not to cancel/mutate the legal heir certificate issued by the third respondent in Certificate No.TN.7202111021188 dated 27.12.2021.

For petitioner : Mr. G.Mahesh Kumar For Respondent : Mr.M.Alagu Gowtham, GA RR1 to 3

O R D E R

This petition has been filed seeking to quash the order dated 08.02.2023 passed by the first respondent herein in Na.Ka.No.9309/2022/Y.1 and consequently, direct the respondents 1 to 3 herein not to cancel/mutate the legal heir certificate issued by the third respondent in Certificate No.TN.7202111021188 dated 27.12.2021.

2. When the matter is taken up for hearing, the learned Counsel appearing for the petitioner submitted that with regard to the subject matter, a suit is pending before the trial court. Therefore, without interfering with the impugned order, this Court may permit the petitioner to approach the civil Court where the civil suit is pending.

3. Recording the above submission made by the learned Counsel appearing for the petitioner, this writ petition is closed. No costs. Consequently connected miscellaneous petition is also closed. However, this Court, without going into the merits of the case, permits the parties to approach the civil Court for getting appropriate remedy. The learned Judge shall decide the issue without

influence of the observation made in the impugned order. 28.06.2023 rli To

1. The District Collector, Kancheepuram District.

2. The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.

3. The Tahsildar, Kundrathur Taluk, Kancheepuram District.

M.DHANDAPANI, J.

rli W.P.No.18828 of 2023 28.06.2023