Kaliyannan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2014 Kaliyannan

...Petitioner

Vs.

1.The Tahsildhar Tiruchengode, Namakkal District.

2.Pappayee 3.Thangammal 4.Subramaniam 5.Vijayalakshmi 6.Shanmugarajan ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records connected with the impugned Legal Heir Certificate made in Pa.Mu.32856/2014(a7) dated 06.02.2014 on the file of the 1st respondent herein and quash the same. 1/5

For Petitioner : Mr.T.Dhanyakumar For R1 : Mr.S.Ravichandran Additional Government Pleader For R2 : Died For R3 to R5 : No appearance For R6 : Mr.K.R.Krishnan

ORDER

The writ petition has been filed, challenging the Legal Heir Certificate issued by the Tahsildar, Tiruchengode dated 06.02.2014.

2. The Legal Heir Certificate was issued on account of death of one Ramasamy Gounder, S/o.Nalli Gounder. Three legal heirs has been stated as heirs for the deceased Ramasamy Gounder. The petitioner states that the writ petitioner has been included as third legal heir of the deceased Ramasamy Gounder. However, the petitioner is challenging the Legal Heir Certificate on the ground that it was not issued properly and also questioning the inclusion of the name of the 6th respondent herein as one of the Legal Heir of the said Ramasamy Gounder.

3. The learned counsel for the petitioner states that the 6th respondent 2/5

Mr.Shanmugarajan is the grand son of the deceased Ramasamy Gounder, born through the first wife and the other legal heirs had not been included in the certificate.

4. If at all the Legal Heir Certificate has been issued improperly or without conducting proper enquiry, then the aggrieved persons have to approach the Appellate Authority namely the Revenue Divisional Officer concerned for the redressal of their grievances.

5. In the present case, the learned Additional Government Pleader appearing on behalf of the 1st respondent brought to the notice of this Court that a Civil Suit has been instituted between the parties in O.S.No.49 of 2013 before the Principal District Munsif Court, Namakal and the said suit was also dismissed on 15.10.2022.

6. This being the factum, the aggrieved persons are at liberty to redress their grievances in the manner known to law.

7. With this liberty, the writ petition stands disposed of. No costs. 3/5

Consequently, connected miscellaneous petition is closed. 06.03.2023 Index : Yes/No Speaking order/Non-Speaking order kak To 1.The Tahsildhar Tiruchengode, Namakkal District.

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S.M.SUBRAMANIAM, J.

kak 06.03.2023 5/5