Tmt.Saritha v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.25128 and 25131 of 2021 Saritha ... Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Sriperumpudur Taluk, Kanchipuram District.

2.The Tahsildar, Sriperumpudur Taluk, Kanchipuram District.

3.Shanthi 4.Jayamugilan 5.M/s.Arun Excello City Developers Private Ltd., Rep. by its Managing Director, Shri.P.Suresh (R5 impleaded as per order dated 22.02.2022 in W.M.P.No.28629 of 2021 in W.P.No.23852 of 2021 by MDIJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent 1/6

vide proceedings in Na.Ka.3584/2020/A5 dated 21.10.2021 to the extent of the legal heirship certificate dated 05.06.2004 issued in favour of the petitioner's husband Late.Raghavan and his sister Mrs.Selvi and to quash the same.

For Petitioner : Mrs.Dakshayini Reddy Senior Counsel for M/s.S.Suseela Devi For Respondents : Mrs.S.Anitha for R1 and R2 Special Government Pleader R3 and R4 - Not Ready Notice Ms.R.Kamalarani for R5

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari to call for the records of the first respondent vide proceedings in Na.Ka.3584/2020/A5 dated 21.10.2021 to the extent of the legal heirship certificate dated 05.06.2004 issued in favour of the petitioner's husband Late.Raghavan and his sister Mrs.Selvi and to quash the same.

2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner is the daughter - in - law of one Sankaran. The said Sankaran married one Kanchana and was blessed with two children namely, Raghavan/ petitioner's husband and Selvi. 2/6

Thereafter, the said Kanchana deserted the family and went to Karnataka and married one Sundaresan and out of the said wedlock, the third respondent was born. The said Sankaran died on 30.04.2003. In the legal heirship certificate issued to the petitioner's husband dated .10.2013, the name of the third respondent was also mentioned as the legal heir of late.Sankaran. Aggrieved by the same, the petitioner's husband preferred appeal before the first respondent, pursuant to which, the impugned proceedings was issued. 3.The learned Senior Counsel appearing for the petitioner further submitted that even a bare perusal of the school records of the third respondent reveal that his biological father name is mentioned as Sundaresan. While such being the position, instead of deleting the name of the third respondent from the legalheirship certificate, the first respondent cancelling the entire legalheirship certificate, is not sustainable one.

4.The learned Special Government Pleader submitted that as per G.O.No.110 dated 13.03.2024, only the spouse, children and parent of the deceased alone are entitled to obtain legal heirship certificate from the revenue officials. In the present case, there is dispute with regard 3/6

to the legal heirship of late.Sankaran which has to be ventilated only before the competent civil Court and hence the first respondent vide impugned proceedings cancelled the legal heirship certificate. 5.Admittedly, only the spouse, children and parent of the deceased alone are entitled to obtain legal heirship certificate from the revenue officials. In the present case, there is dispute with regard to the legal heirship of late.Sankaran which has to be ventilated only before the competent civil Court. Hence this Court is not inclined to interfere with the impugned proceedings.

6.The writ petition is dismissed. Liberty is granted to the petitioner, third respondent including Selvi daughter of late.Sankaran to file suit for declaration of legal heirship of late.Sankaran. It is made clear that this order is only in respect of the legal heirship certificate and not in respect of the property purchased or exchanged inbetween the parties. No costs. Consequently, connected miscellaneous petitions are closed.

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Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Revenue Divisional Officer, Revenue Divisional Office, Sriperumpudur Taluk, Kanchipuram District.

2.The Tahsildar, Sriperumpudur Taluk, Kanchipuram District.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.25128 and 25131 of 2021 6/6

15.09.2025 7/6