P.Vijayarangan v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 28765 & 28766 of 2025
1. P.Vijayarangan 2.P.Vadivel 3.G.Kanniyammal 4.G.Haridoss 5.G.Rajesh Petitioner(s) Vs
1. The District Collector Chennai District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Rd, George Town, Chennai- 600 001.
2.The District Revenue Officer Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Rd, George Town, Chennai- 600 001.
2/7 3.The Revenue Divisional Officer Chennai South, Guindy, Chennai.
4.The Tahsildar Mylapore, Chennai.
5.D.Rani 6.P.Vedhagiri 7.S.Mala 8.P.Rajendran 9.V.Devaki 10.Lakshmi 11.P.V.Venkatesan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in Se. Mu. Aa. No.Vu6/ e- 361646/ 2022 dated 24.07.2023, quash the same and direct the 4th respondent to amend the legal heir certificate issued in D.Dis.C1/ No. 16997/ 99 dated 02.06.1999 incorporation the petitioners' name into it.
For Petitioner(s):
Mr.R.Swarnavel For Respondent(s):
Mr.G.Velu Additional Government Pleader for R1 to R4
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ORDER
This writ petition has been filed challenging the impugned proceedings of the 2nd respondent dated 24.07.2023 and for a direction to the 4th respondent to issue a fresh legal heirship certificate by adding name of the petitioners. 2.Heard Mr.R.Swarnavel, learned counsel appearing on behalf of the petitioner and Mr.G.Velu, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.
3.The grievance expressed by the petitioners is that petitioners 1 and 2 are the children of the second wife and 3rd petitioner is the wife of the 3 rd son of the deceased and 4th and 5th petitioners are the sons who were born to the 3rd petitioner. But however, when the legal heir ship certificate was issued by the 4th respondent on 02.06.1999, their names were not included in the legal heirship certificate. Aggrieved by the same, the petitioners submitted a representation before the 2nd respondent and the 2nd respondent though impugned proceedings dated 24.07.2023, has rejected the same.
4/7 4.It is brought to the notice of this Court that the petitioners have already filed a suit in O.S.No.666 of 2023 before the I Additional District and Sessions Judge, Chengalpattu seeking for the relief of partition and the same is pending. 5.This Court has repeatedly held that legal heirship certificate at the best can be construed only as a relationship certificate of the legal heirs with that of the deceased person. Ultimately, the revenue authorities cannot decide as to who are the legal heirs and that function has been assigned exclusively only to the Civil Court.
6.A suit is already pending before the competent Court and the petitioners can always establish their relationship with the deceased in the pending suit. The legal heirship certificate that was issued by the 4th respondent will not bind the competent Civil Court and the Competent Civil Court will independently deal with that issue. In other words, the non-inclusion of the names of the petitioners in the legal heirship certificate, will not be put against them if they
5/7 are independently able to establish the fact that they are the legal heir of the deceased. This clarity will sufficiently take care of the grievance expressed by the petitioners.
7.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed. 15-07-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
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1. The District Collector Chennai District Collector Office Rajaji Salai, Fourth Floor, 62, Beach Rd, George Town, Chennai- 600 001.
2.The District Revenue Officer Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Rd, George Town, Chennai- 600 001.
3.The Revenue Divisional Officer Chennai South, Guindy, Chennai.
4.The Tahsildar Mylapore, Chennai.
7/7 N.ANAND VENKATESH J.
ssr 15-07-2025 (2/2)