Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH GANESAN S/o. Late Periyasamy, 55, South Arijana Colony, Alangiyam, Dharapuram Taluk, Tiruppur District-638657.

Petitioner(s) Vs

1. The District Collector 2.The Sub Collector Cum Revenue Divisional Officer 3.The Tahsildar 4.The Deputy Tahsildar 5.The Revenue Inspector 1/8

6.The Village Admnistrative Officer 7.The Inspector of Police Alangiyam Police Station, 8.Mrs. K. Radha The Deputy Tahsildar, Dharapuram Taluk, 9.Mr. S. Bharathi The Revenue Inspector 10.Mr. R. Nandagopal The Village Administrative Officer, 11.MURUGESAN S/o. Thiruman, No.25, Gandhi Nagar, Alangiyam Village, Respondent(s) 2/8

PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the Respondents 1 and 2 to grant legal heirship certificate in petitioners name for his deceased mother named Angammal and take necessary department action on the Respondents 8 to 10 by considering the petitioners representations/Appeal dated 12.04.2025 and 19.04.2025. For Petitioner(s):

M/s.N.Ponraj E. Shobana For Respondent:

Mr.R.Neelakandan Additional Advocate General Assisted by Mr.R.Murthy Government Advocate (for R1 to R6 & R8 to R10) Mr.Leonard Arul Joseph Selvam Government Advocate (for R7)

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 and 2 to grant the legal heirship certificate and also to initiate necessary departmental action against the respondents 8 to 10 by considering the representation / appeal filed by the petitioner on 12.04.2025 ad 19.04.2025.

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2.

Heard Mr.N.Ponraj, learned counsel for the petitioner and Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.R.Murthy , learned Government Advocate for Respondents 1 to 6 & Respondents 8 to 10 and Mr.Leonard Arul Joseph Selvam, learned Government Advocate for 7 th respondent.

3.

The case of the petitioner is that the subject property which is a land and house belonged to his mother Angammal and patta No.52 also stood in her name. The petitioner's mother died on 02.07.2016 leaving behind the petitioner as the only sole surviving legal heir. The petitioner was taking steps to get his name mutated in the revenue records and at that point of time, it came to his attention that the private respondents colluded with each other and submitted an application before the 3 rd respondent as if they are the legal heirs of the deceased Angammal. The legal heirship certificate was also given and by using the same, they were attempting to grab the property. 4.

The petitioner submitted an appeal before the 2 nd respondent questioning the legal heirship certificate granted in the name of the private respondents. That apart, the petitioner also found that the officials had colluded with the private respondents and therefore, sought for initiating departmental 4/8

action against the concerned officials. Since the same was not considered, the present writ petition has been filed before this Court. 5.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, it will suffice if a direction is issued to the 2 nd respondent to deal with the appeal filed by the petitioner on 12.04.2025 on its own merits and in accordance with law after affording opportunity to 11 th respondent and all other interested persons and final orders shall be passed, within a period of eight weeks from the date of receipt of a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

03-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rka 5/8

To

1. The District Collector 2.The Sub Collector Cum Revenue Divisional Officer 3.The Tahsildar 4.The Deputy Tahsildar 5.The Revenue Inspector 6.The Village Administrative Officer 7.The Inspector of Police Alangiyam Police Station, 8.Mrs. K. Radha The Deputy Tahsildar, Dharapuram Taluk, 9.Mr. S. Bharathi 6/8

The Revenue Inspector 10.Mr. R. Nandagopal The Village Administrative Officer, 11.MURUGESAN S/o. Thiruman, No.25, Gandhi Nagar, Alangiyam Village, 7/8

N.ANAND VENKATESH J.

rka Dated: 03-06-2025 8/8