Madras High CourtWA/2196/2023disposed of

M.M.Sajitha Fathima v. The State Of Tamil Nadu

2023-08-23Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.M.Sajitha Fathima .. Appellant Vs

1. The State of Tamil Nadu rep. by the Secretary to Government Department of Revenue and Disaster Management Chennai.

2. The Tahsildar Sholinganallur Taluk Chennai.

3. The Village Administrative Officer Sholinganallur Taluk Chennai.

4. The Revenue Inspector Sholinganallur Taluk Chennai.

5. The Revenue Divisional Officer Chennai South, Guindy Chennai - 600 032.

6. The District Revenue Officer 62, Rajaji Salai Chennai Collectorate Chennai - 600 001.

7. The District Collector Fourth Floor, M.Singaravelar Maaligai 62, Rajaji Salai Chennai Collectorate Chennai - 600 001.

.. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 9.6.2023 passed by the learned Single Judge in W.P.No.17226 of 2023.

For the Appellant : Mr.Thriyambak J.Kannan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.M.D.Muhilan Addl. Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.Thriyambak J.Kannan, learned counsel for the appellant; and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional

Government Pleader for the respondents.

2. In fact, the present appellant had filed a writ petition seeking directions to decide the revision preferred by her with regard to the legal-heirship certificate. The learned Single Judge observed that the issue involves disputed questions of fact and the revenue authorities are not competent to decide the issue and an alternative remedy is available with the competent civil court.

3. A civil suit is already pending with regard to the settlement deed. Various persons are not parties to the writ petition and this appeal. No doubt, the appellant and/or any other person claiming to be the legal heir of the deceased can institute a civil suit and raise all points available therein and can also invoke the provisions of the Indian Succession Act, 1925, as may be permissible under law. The observations of the learned Single Judge are to that effect only.

4. As the revision is pending, the authority, where the revision

is pending, may decide the same on merits and in accordance with law, after hearing all the parties concerned, expeditiously. The writ appeal is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 23.08.2023 Index :

Yes/No Yes/No sasi

1. The Secretary to Government State of Tamil Nadu Department of Revenue and Disaster Management Chennai.