R.Ranjit Kumar v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.RANJIT KUMAR ... Petitioner Vs 1.
THE SUB COLLECTOR, POLLACHI, COIMBATORE DISTRICT.
2.
THE TAHSILDAR, POLLACHI, COIMBATORE DISTRICT.
3.
TAHSILDAR, ANAIMALAI, COIMBATORE DISTRICT.
4.
MAYILSAMY 5.
VELLINGIRI 6.
SUDHA ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to conduct an enquiry and file a report with regards the forged legal heir ship certificate allegedly issued by the third respondent on the basis of the written representation made by the petitioner on 23.08.2024. For Petitioner : Ms.R.Hemalatha For R1 to R3 : Mr.R.Neelakandan, Additional Advocate General VIII assisted by Mr.R.Murthi Government Advocate 1/8
ORDER
This writ petition is filed to direct the first respondent to conduct an enquiry and file a report with regard to the forged legal heirship certificate allegedly issued by the third respondent on the basis of the written representation made by the petitioner on 23.08.2024.
2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition, it can be seen that the grievance of the petitioner is with reference to the legal heirship certificate that is used by respondents 4 to 6 herein, which is dated 05.11.2008. It bears proceedings No. 9103/2018/A2.
3. According to the learned counsel appearing for the petitioner, the entire legal heirship certificate is forged. Therefore, when he made the above said representation to take further action, no action has been taken.
4. When the matter came up for hearing before this Court, it was specifically stated by the learned Additional Advocate General appearing for the respondents 1 to 3 that the aforementioned legal heirship certificate dated 05.11.2008, said to be issued in respect of the death of one Kuppanda 2/8
Gounder, was never issued by the Tahsildar, Pollachi.
5. Similarly, the certified copy which is said to have been issued on 10.09.2024 was also not issued by the concerned office. It is further stated that a case has already been registered in Crime No. 32 of 2021 in respect of the said forgery for alleged offences under Sections 466, 468, 471, 420 read with 120(B), and the case is also pending now in C.C. No. 689 of 2023 in respect of the accused persons. Therefore, when a categorical statement is made by the official respondents that the said legal heirship certificate and also the certified copy were never issued by the said office, the same is recorded by this Court and that would suffice for all purposes of the petitioner. If anybody relies on such forged documents, it is for the petitioner to take action against them in the manner known to law.
6. If the earlier case is only in respect of forging the legal heirship certificate and now a fresh offence is committed in the form of a certified copy, it will be open to the petitioner to lodge a criminal complaint in respect of the fresh certified copy also, as it is now confirmed by the respondents 1 to 3 that the same is also forged and not issued by their office. 3/8
7. With the aforesaid liberty reserved to the petitioner, the writ petition is disposed of. No costs.
24.04.2025 To 1.
THE SUB COLLECTOR, POLLACHI, COIMBATORE DISTRICT.
2.
THE TAHSILDAR, POLLACHI, COIMBATORE DISTRICT.
3.
TAHSILDAR, ANAIMALAI, COIMBATORE DISTRICT.
4/8
D.BHARATHA CHAKRAVARTHY, J.
24.04.2025 5/8
W.P.No. 14679 of 2025 D.BHARATHA CHAKRAVARTHY.J., This matter is listed under the caption "for being mentioned" at the instance of the learned counsel appearing on behalf of the petitioner.
2. When the matter was taken up for hearing, the learned counsel appearing on behalf of the petitioner submitted that certain typographical errors have crept into Paragraphs No. 2, 4 and 5 of the order dated 24.04.2025 in W.P.No. 14679 of 2025 and requested that the same be rectified.
3. Upon perusal, it is found that the following corrections are required: (i) In paragraph No. 2 and 4, the date "05.11.2008" shall be corrected to read as "05.11.2018"
(ii) In paragraph No.2, the proceeding number "9103/2018/A2" shall be corrected to read as "9103/2018/Aa2"
(iii) In paragraph No. 5, the date "10.09.2024" shall be corrected to read as "14.09.2022".
6/8
4. In view of the above, the Registry is directed to issue a fresh copy of the order incorporating the aforesaid corrections. 05.06.2025 7/8
D.BHARATHA CHAKRAVARTHY.J., W.P.No. 14679 of 2025 05.06.2025 8/8