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Madras High CourtWP/19195/2025disposed of

P.Kalavathi v. The District Revenue Officer

2025-06-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 19195 of 2025 P.Kalavathi D/o.Late.Paramasiva Mudaliar, No.19/5, Pandiyan Nagar, Lakshmipuram Extn Ii, West Tambaram, Chennai-600 045.

... Petitioner Vs The District Revenue Officer No.62, Rajaji Road, Singaravelar Maaligai, Chennai-600 001.

... Respondent PRAYER Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to conduct an enquiry and pass appropriate orders on the Revision petition dated 11.07.2024 within a time frame fixed by this Honourable Court.

For Petitioner :

Mr.A.Lakshmi Narayanan For Respondent:

Mr.R.Neelakandan Additional Advocate General assisted by Mr.G.Velu,Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the respondents to consider and dispose of the representation given by the petitioner on 11.07.2024 within the time frame fixed by this Court.

2. Heard Mr.A.Lakshmi Narayanan, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.G.Velu, learned Additional Government Pleader for the respondents.

3. The specific case of the petitioner is that one G.Kalaivani has fradulently obtained a legal heirship certificate by suppressing material facts. On coming to know of the same, appeal was filed before the Revenue Divisional Officer and the appeal was rejected as time barred on 05.03.2024. Aggrieved by the same, a revision petition was filed by the petitioner before the respondent on 11.07.2024. Since the same was not considered, the present writ petition has been filed before this Court.

4. In the considered opinion of this Court, if fraud has been played before the original authority while obtaining the legal heirship certificate, the original authority has been given the power and jurisdiction to cancel the 2/4

legal heirship certificate. The said power is available to the original authority under G.O.Ms.No.478 dated 29.09.2022 and the subsequent G.O.Ms.No.110 dated 13.03.2024.

5. In view of the above, if the petitioner wants the legal heirship certificate to be cancelled on the ground that the said Kalaivani had obtained it fraudulently by suppressing material facts, it is always open to the petitioner to move the original authority viz., Tahsildar and seek for the cancellation of the legal heirship certificate. Except giving this clarity and liberty, no further orders can be passed in this writ petition. The writ petition is disposed of in the above terms. No costs. 04-06-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes To The District Revenue Officer No.62, Rajaji Road, Singaravelar Maaligai, Chennai-600 001.

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N.ANAND VENKATESH J.

KST WP No. 19195 of 2025 04-06-2025 4/4