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Madras High CourtWP/12144/2024dismissed

A.Babu, v. The Sub Collector,

2024-06-28Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN W.P.No.12144 of 2024 A.Babu .... Petitioner

Versus

1. The Sub-Collector, Office of the Collectorate, Chengalpattu District.

2. The District Superintendent of Police, Office of the District Superintendent of Police, Chengalpattu District.

3. The Tahsildar, Office of the Taluk Office, Thirukalukundram Taluk, Chengalpattu District.

.... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the second respondent herein to implement the order of the first respondent in Na.Ka.No.319/2023/e1, dated 07.07.2023 and also further directing the -1-

second respondent to conclude the petitioner grievance within a time that may be fixed by this Court.

For Petitioner : Mr.D.Babu Varadharajan For Respondents : Mr.Udaya Kumar Government Advocate (Crl.Side) - - - - -

ORDER

The petitioner herein is before this Court for Mandamus directing the second respondent herein to implement the order of the first respondent about the grievance of the petitioner regarding fabrication of the document in connection with the property of one Thangammal.

2. According to the petitioner, a fake legal heir certificate been issued for registering the document of the property owned by Thangammal, W/o.Balaraman and in this regard, a complaint was given during the grievance day to the District Collector. Consequently, the Sub-Collector has addressed the District Superintendent of Police, Chengalpattu, to enquire and report. Pursuant to this direction, the District Superintendent of Police has not completed the enquiry. Therefore, a direction is sought for. -2-

3. The learned Government Advocate (Crl.Side) today submitted that pursuant to the direction of the Sub-Collector, the District Superintendent of Police has completed the investigation and reported that the legal heir certificate relied for the Settlement Deed found to be forged and therefore, any legal heir of Thangammal prefers a complaint, necessary action will be taken. This communication is dated 20.08.2023. However, according to the petitioner herein, the same was not communicated to him. In any event, when a pertinent question was put to the counsel for the petitioner how the petitioner is connected with Thangammal, the learned counsel is unable to trace how Babu is descendent of Thangammal. In any event, the communication of the Inspector of Police would clearly indicate that the forged legal heir certificate was followed by the Settlement Deed , which can be questioned and criminal law be set into motion by any one of the legal heirs of Thangammal.

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In view of the above, this petitioner is no way connected with the property of Thangammal. Hence, this Writ Petition is not maintainable and accordingly, the same is dismissed. There shall be no order as to costs. 28.06.2024 asi To

1. The Sub-Collector, Office of the Collectorate, Chengalpattu District.

2. The District Superintendent of Police, Office of the District Superintendent of Police, Chengalpattu District.

3. The Tahsildar, Office of the Taluk Office, Thirukalukundram Taluk, Chengalpattu District.

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DR.G. JAYACHANDRAN, J.

asi W.P.No.12144 of 2024 28.06.2024 -5-