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Madras High CourtWP/38587/2025dismissed

P.Vinayagasundaram v. State Of Tamilnadu

2025-10-14Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.43148 of 2025 1.P.Vinayagasundaram 2.V.Baskaran 3.A.Thiyagarajan ... Petitioners Vs.

1.State of Tamilnadu, Rep. by Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Revenue Divisional Officer, Villupuram.

3.The Tahsildar, Marakannam Tahsildar Office, Marakannam Taluk, Villupuram.

4.The Tahsildar, Tondiarpet Taluk, Chennai.

5.Shanbagavadivu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India Page No.1 of 7

praying for issuance of Writ of Certiorari, to call for records relating to Legal Heir Certificate issued by 4th respondent vide Cert.No.TN7202107273059 dated 30.07.2021 and quash the same. For Petitioners : Mr.J.R.K.Bhavanatham For Respondents : Mr.M.Rajendiran Additional Government Pleader [R1 to R4] Notice dispensed with [R5] *****

ORDER

Aggrieved by the legal heir certificate issued by the 4th respondent in favour of the 5th respondent, dated 30.07.2021, the petitioners have come forward with this writ petition.

2. Since no adverse order has been passed against the 5th respondent, notice to the 5th respondent is dispensed with.

3. Mr.M.Rajendiran, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The case of the petitioners is that the sister of the 2nd Page No.2 of 7

petitioner's father is one Chellam, W/o.Annamalai Chettiar and she died issueless. When she was alive, one Sengalvarayan Chettiar, who is the brother of the 2nd petitioner's father, has adopted the 5th respondent to the deceased by way of the alleged adoption deed. After the demise of the said Sengalvarayan Chettiar, the 3rd respondent has issued legal heir certificate mentioning the name of the 5th respondent as daughter of the deceased. Thereafter, the 5th respondent has obtained the impugned legal heir certificate for the death of the said Chellam claiming that she is the adopted daughter of the deceased. Aggrieved by the same, the petitioners have filed the present writ petition.

5. Heard the learned counsel appearing for the parties and also perused the materials available on record.

6. This Court is not inclined to go into the merits or otherwise the case pleaded by the petitioners. However, the petitioners are at liberty to approach the competent Civil Court by challenging the impugned legal heir certificate issued by the 4th respondent in favour of the 5th respondent and the alleged adoption deed as claimed by the 5th respondent. Page No.3 of 7

7. The Writ Petition is dismissed with the above liberty. No costs. Consequently, the connected miscellaneous petition is closed. 14.10.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 7

To 1.The Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Revenue Divisional Officer, Villupuram.

3.The Tahsildar, Marakannam Tahsildar Office, Marakannam Taluk, Villupuram.

4.The Tahsildar, Tondiarpet Taluk, Chennai.

Page No.5 of 7

M.DHANDAPANI, J.

sp 14.10.2025 (2/2) Page No.6 of 7

W.M.P.No.43144 of 2025 in M.DHANDAPANI,J.

Ordered on payment of single court fee.

14.10.2025 sp (1⁄2) Page No.7 of 7