← Library
Madras High CourtWP/28733/2025disposed of

Jayamugilan v. The District Collector

2025-08-04Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Jayamugilan S/o Arumugam, No 135,, Angakalammam Koil Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118.

2. Shanti D/o Sankaran, No 279, Valluvar Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118 Petitioner(s) Vs

1. The District Collector Kachipuram District, Kanchipuram 2.The Revenue Divisional Officer Kachipuram District, Kanchipuram

3.The Tahsildar Sriperumbudur Taluka, Kachipuram District 4.The District Registrar Kachipuram District, Kanchipuram 5.MANI S/o Mari, K.G.F., Urigam Post, E.T. Block No 170, Karnataka 563 120 6.SELVI W/o Mani, K.G.F., Urigam Post, E.T. Block No 170, Karnataka 563 120 7.K. Thangavel Pillai S/o Krishdapillai, No 99 Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118 8.SEKAR S/o Durai, No 135, Valluvar Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118 9.Kaliyappan S/o Perumal No 265, Kalaivani Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118 Respondent(s)

PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1 st respondent to take action against the 5 th to 9 th respondents for creating fake legal heir certificates bearing Pa.Mu. 7653 / 2003 / A3 dated 5.6.2004 and also direct the 3 rd Respondent to not entertain patta transfer in the survey numbers 104/4, 104/5, 107/7, 216/5, 217/2, 268/1, 251/4 at Mathur Village, Sriperumbudur Taluka Since these survey numbers by considering 1 st petitioner's representation dated 16.07.2024 within a stipulated time that may be fixed by this Hon'ble Court For Petitioner(s):

Prabhu C.

For Respondent:

Mr.G.Velu, AGP for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to take action against the respondents 5 to 9 for creating a forged and fabricated legal heirship certificate dated 05.06.2004 and to take action against them in accordance with law. 2.

Heard Mr.C.PRabhu, learned counsel for the petitioner and Mr.G.Velu, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.

3.

The specific case of the petitioner is that the legal heirship certificate after the demise of Shankaran was issued by adding the name of the th respondent, the 2 nd petitioner and the name of the predeceased son Raghavan. However, it is alleged that the 6 th respondent managed to create a fabricated and

forged document by merely mentioning her name and the name of the deceased son Raghavan as a legal heirs with the help of the 5 th respondent. Thereafter, the property was alienated in favour of respondents 7 to 9. Under such circumstances, the 1 st petitioner, who is the agent of the 2 nd petitioner had given a complaint to the 1 st respondent and also to the 4 th respondent. Since no further action was taken, the present writ petition has been filed before this Court. 4.

The specific stand taken by the petitioners is that the legal heirship certificate dated 05.06.2004 is a forged and fabricated document and based on the same, the property was alienated. This issue can be enquired by the 3 rd respondent, who is the authority, who issues the legal heirship certificate and it does not require a District collector to conduct an enquiry. 5.

In view of the above, there shall be a direction to the 2 nd petitioner to submit a fresh representation before the 3 rd respondent along with all the relevant documents and also a copy of this order. On receipt of the same, the 3 rd respondent shall call all the interested parties and conduct an enquiry and take a decision within a period of 12 weeks from the date of receipt of the fresh representation from the petitioner. If ultimately, it is ascertained that the legal heirship certificate dated 05.06.2004 is a forged and fabricated document, the 3 rd respondent shall proceed further in accordance with law.

6.

This writ petition is disposed of with the above directions. No costs.

04-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rka

To 1.The District Collector Kachipuram District, Kanchipuram 2.The Revenue Divisional Officer Kachipuram District, Kanchipuram 3.The Tahsildar Sriperumbudur Taluka, Kachipuram District 4.The District Registrar Kachipuram District, Kanchipuram 5.MANI S/o Mari K.G.F., Urigam Post, E.T.

Block No 170, Karnataka 563 120 6.SELVI W/o Mani K.G.F., Urigam Post, E.T.

Block No 170, Karnataka 563 120 7.K. Thangavel Pillai S/o Krishdapillai, No 99 Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118 8.SEKAR S/o Durai, No 135, Valluvar Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118

9.KALIYAPPAN S/o Perumal No 265, Kalaivani Street, Mathur Village, Oragadam Post, Sriperumbudur Taluka, Kanchipuram District 602 118

N.ANAND VENKATESH J.

rka 04-08-2025