S.Ananthapandamanaban v. The Under Secretary

In the High Court of Judicature at Madras Dated : 02.6.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.17115 of 2025 S.Ananthapadmanaban

...Petitioner

Vs 1.The Under Secretary, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai.

2.The District Collector, Cuddalore District, Collector Office, Gundu Salai, Alpet, Manjakuppam, Cuddalore-1.

3.The District Revenue Officer, Cuddalore District, Collector Office, Gundu Salai, Alpet, Manjakuppam, Cuddalore-1.

(R1 to R3 deleted from the array of respondents vide this order by NAVJ) 4.The Revenue Divisional Officer, Cuddalore District, Collector Office, Gundu Salai, Alpet, Manjakuppam, Cuddalore-1.

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5.The Tahsildar, Chidambaram Taluk, Chidambaram, Cuddalore District-1.

6.Mrs.Bhavani Viswanathan 7.Mrs.V.Veena Thripurasunsari 8.Mr.Surya Narayanan

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 3 to 5 to consider and dispose of the petitioner's representation dated 21.12.2024.

For Petitioner :

Mr.C.P.R.Kamaraj R1 to R3 :

deleted from the array of respondents For R4 & R5 :

Mr.R.Neelakandan, AAG assisted by Mr.K.Suresh, GA For R6 to R8 :

Mr.R.Advaidh Nelakanttan

ORDER

This writ petition has been filed seeking for a direction to respondents 3 to 5 to consider and dispose of the petitioner's representation dated 21.12.2024.

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2. Respondents 1 to 3 are not necessary parties in this writ petition and therefore, they are deleted from the array of respondents. Mr.R.Neelakandan, learned Additional Advocate General appears on behalf of Mr.K.Suresh, learned Government Advocate accepting notice for respondents 4 and 5. Mr.R.Advaidh Nelakanttan, learned counsel accepts notice for respondents 6 to 8.

3. The case of the petitioner is that respondents 6 to 8, claiming to be the legal heirs of one Mr.Kanagasabapathy Iyer, who is none other than the paternal uncle of the petitioner, obtained a legal heir certificate by playing fraud as if the said Mr.Kanagasabapathy Iyer married one Mrs.Meenakshi Ammal as the second wife. According to the petitioner, the said Mr.Kanagasabapathy Iyer married one Mrs.Saraswathi Ammal alone. Hence, a representation was made in this regard before the official respondents. But, it did not evoke any response. It is under these circumstances the above writ petition has been filed before this Court.

4. When the matter is taken up for admission today, the learned counsel for the petitioner submitted that summons were issued by the 3/6

fifth respondent and that the parties have been called upon to attend an inquiry on 03.6.2025 i.e. tomorrow.

5. The learned Additional Advocate General appearing on behalf of respondents 4 and 5 submitted that if the Issuing Authority is satisfied that the legal heir certificate has been obtained by furnishing false information or suppression of material facts, the Issuing Authority himself has the power to cancel it.

6. In turn, the learned counsel appearing for respondents 6 to 8 submitted that there is something more than what meets the eye in this case and that respondents 6 to 8 also received summons from the fifth respondent for the inquiry to be conducted on 03.6.2025.

7. In the considered view of this Court, it is not necessary for this Court to deal with the inter-se dispute between the parties in a writ petition.

8. Since the fifth respondent is the Competent Authority to deal with the issue, the writ petition is disposed of with a direction to the 4/6

fifth respondent to consider the issue and by affording an opportunity to the petitioner as well as respondents 6 to 8, pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. 02.6.2025 To 1.The Revenue Divisional Officer, Cuddalore District, Collector Office, Gundu Salai, Alpet, Manjakuppam, Cuddalore-1.

2.The Tahsildar, Chidambaram Taluk, Chidambaram, Cuddalore District-1.

RS 5/6

N.ANAND VENKATESH,J RS W.P.No.17115 of 2025 02.6.2025 6/6