Kesavan Thirumalai v. The Revenue Divisinal Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11393 of 2024 Kesavan Thirumalai ... Petitioner Vs.

1.

The Revenue Divisional Officer, Tambaram Taluk Office Building, Opp. To MEPZ, GST Road, Tambaram, Chennai - 600 045.

The Tahsildhar, Pallavaram Taluk Office, Kurinji Nagar, Chrompet, Chennai - 600 044.

... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorarified Mandamus, to calling for the records in respect of Letter No. X/K/2408-2023-,. dated 17.11.2023 issued by the first respondent and to quash the impugned order of the first respondent and consequently direct the respondents to issue legal heir certificate to the petitioner as per the Hindu Succession Act, within stipulated time fixed by this Court and to direct the respondents.

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For Petitioner : Mr.S. Lakshminarayanan For R1 and R2 : Mr.U.Baranidharan Additional Government Pleader

O R D E R

The 'Legal Heirship Certificate' has been sought for by the brother's son of the deceased is not eligible to get 'Legal Heirship Certificate' from the Revenue Authorities based on Government Orders issued in G.O.(Ms)Nos.478 and 110.

However, the petitioner is at liberty to approach the competent Civil Court of law for the purpose of securing relief in the manner contemplated.

3.

Mr.S. Lakshminarayanan, learned Counsel appearing on behalf of the petitioner would submit that the relationship of the petitioner with the deceased is not falling under the Government Order. 4.

That being the factum, the Revenue Authorities are incompetent to issue 'Legal Heirship Certificate'. Thus, the petitioner is at liberty to Page No.2 of 4

approach the competent Civil Court of law. Accordingly, the Writ Petition stands disposed of. No costs.

26.04.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.

The Revenue Divisional Officer, Tambaram Taluk Office Building, Opp. To MEPZ, GST Road, Tambaram, Chennai - 600 045.

The Tahsildhar, Pallavaram Taluk Office, Kurinji Nagar, Chrompet, Chennai - 600 044.

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S.M.SUBRAMANIAM,J.

veda W.P. No.11393 of 2024 26.04.2024 (1/2) Page No.4 of 4