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Madras High CourtWP/31131/2016disposed of

Mrs.Krishnabai, v. The District Revenue Officer,

2021-10-01Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.31131 of 2016 Mrs.Krishnabai

...Petitioner

Vs

1. The District Revenue Officer, District Revenue Office, Salem.

2. The Revenue Divisional Officer, Revenue Divisional Office, Salem.

3. The Thasildar, Salem, Salem District.

4. S.Dhanapal

5. S.D.Sabari Shankar

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to conduct enquiry and pass appropriate order on the petitioner's representation dated 05.08.2016 within stipulated time for canceling the Legal heir certificate issued in favour of the fourth and fifth respondent by the third respondent.

For Petitioner : Mr.M.Mohamed Hasain For M/s.Star Associates For Respondent : Mr.K.M.D.Muhilan Government Advocate [For R1 to R3] Mr.V.Manohar [For R4 and R5]

O R D E R

The relief sought for in the present writ petition is to direct the respondents to conduct enquiry and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

orders on the representation submitted by the petitioner on 05.08.2016.

2. The issues raised by the petitioner is relating to the legal heir certificate and it is contended that fraudulent certificates were issued. The Civil Suit filed by the 5th respondent in O.S.No.219 of 2015 was dismissed is the contention putforth. However, the Appeal Suit was also dismissed. However, in respect of the legal heir certificates, the parties have to approach the competent Court of law for effective adjudication of the issues. High Court cannot adjudicate such issues in a writ proceedings and an examination of witnesses, verification of documents and evidences are to be undertaken to ascertain the facts and circumstances.

3. This being the issues raised, the petitioner is at liberty to approach the competent Court of law for resolving the issues.

4. With this liberty, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nti/kak To

1. The District Revenue Officer, District Revenue Office, Salem.

2. The Revenue Divisional Officer, Revenue Divisional Office, Salem.

3. The Thasildar, Salem, Salem District.

+1 cc to S.Anbalagan,Advocate Sr.No.51471 +1 cc to Mr.V.Manohar,Advocate Sr.No.51943 W.P.No.31131 of 2016 EV[co] NSK 25/10/2021 https://hcservices.ecourts.gov.in/hcservices/