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Madras High CourtWP/19986/2023dismissed

Uma v. The Tahsildhar

2023-07-07Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.19331 of 2023 Uma ... Petitioner Vs.

1.The Tahsildhar Karimalapadi, Maruthi Nagar Taluk Office, Chengam Thiruvannamalai District 2.The District Revenue Officer Collectorate, Thiruvannamalai District ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to impugned order in Oo.Mu.(A1)/6180/2022 dated 03.05.2023 passed by the 1st respondent and quash the same and consequently direct the respondents to issue legal heir certificate by including the adoptive son namely Mullaivanan. For Petitioner : Mr.P.Ganapathy For Respondents : Mr.G.Ameedias, Government Advocate for R1 and R2 1/4

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner had earlier been issued with a legal heir certificate as an adopted child of certain Vinayagam. On the objection made by the widow of Vinayagam, the said legal heir certificate was cancelled subsequently by the 1st respondent. This is now under challenge. 3.Mr.G.Ameedias, the learned Government Advocate takes notice for the respondents 1 and 2.

4.Heard both sides.

5.The quintessence of the issue is whether the petitioner is the adopted child of above referred to Vinayagam. Ideally this can be resolved only by a competent civil court and not by the 1st respondent nor by this Court in writ jurisdiction 2/4

6.Accordingly, this writ petition is dismissed. The petitioner is at liberty to approach the competent civil court to redress her grievances if she is so desirous. No costs. Consequently, the connected miscellaneous petition is closed.

07.07.2023 kas Index : Yes / No To 1.The Tahsildhar Karimalapadi, Maruthi Nagar Taluk Office, Chengam Thiruvannamalai District 2.The District Revenue Officer Collectorate, Thiruvannamalai District 3/4

N.SESHASAYEE, J.

kas and W.M.P.No.19331 of 2023 07.07.2023 4/4