Veeraswamy Educational Trust v. The Revenue Divisional Officer
2025:MHC:1983
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 31573 of 2025 Veeraswamy Educational Trust Rep. By Its Chairman Cum Managing Trustee, Having Address At Village Hospital Campus, Vettamangalam West, Vettamangalam Post, Karur District 639 117.
Petitioner(s) Vs 1.The Revenue Divisional Officer Chennai South, Guindy, Chennai.
2.The Tahsildar Mylapore Taluk, R.A. Puram, Chennai.
3.The District Registrar Karur District.
4.The Sub Registrar Velayuthampalayam SRO, Page No.1 of 7
Karur District 639 117.
5.The Sub Registrar Chinna Dharapuram SRO, Karur District 639 202.
6.The Superintendent Of Police Karur District.
7.The Inspector Of Police Velayuthampalayam Police Station, Karur District.
8.The Inspector Of Police R.A. Puram Police Station, Chennai.
9.Karen Velappan 10.Asha Velappan Veerasamy 11.Anand Velappan Respondent(s) PRAYER directing the respondents 1 and 2 to conduct enquiry as to the documents submitted for obtaining legal heir certificate Ref-TN-7202311301400, dated 06.12.2023, Mylapore Taluk, Chennai District in terms of Clause 10 of G.O.Ms.No.478, Revenue and Disaster Management [RA-3(2)] Department dated 29.09.2022 by considering petitioner's representation dated 07.05.2025, 09.05.2025, 14.07.2025.
For Petitioner(s):
Mr.R.Prabakar For Respondent(s):
Mr.G.Velu, AGP For R1 & R2 Mr.E.Veda Bagath Singh, SGP For R3 to R5 Page No.2 of 7
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 and 2 to conduct an inquiry based on the representations made by the petitioner on 07.05.2025, 09.05.2025 and 14.07.2025, wherein the petitioner is seeking for cancellation of the legal heirship certificate that has been issued in favour of the respondents 9 to 11.
2. Heard Mr.P.Prabakar, learned counsel for the petitioner, Mr.G.Velu, Additional Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.E.Veda Bagath Singh, learned Special Government Pleader appearing on behalf of the respondents 3 to 5.
3. The specific case of the petitioner is that the founder Trustee Velappan executed a 'Will' in favour of the petitioner / Trust on 28.07.2009. While so, after the demise of the said Velappan, private respondents attempted to get a false declaration by filing O.P.No.54 of 2022 before the Principal District Court, Page No.3 of 7
Karur. The petitioner also submitted their objections. Later it was withdrawn on 24.07.2023. Thereafter, with a view to deal with the properties belonging to the petitioner Trust, the private respondents approached the Tahsildar and sought for issuance of a legal heirship certificate. The legal heirship certificate was also issued by proceedings dated 06.12.2023. Relying upon the same, an attempt is now being made by the private respondents to alienate the property. It is under these circumstances that the petitioner gave representations for cancellation of the legal heirship certificate. Since the same was not considered, the present writ petition has been filed.
4. In the considered view of this Court, the legal heirship certificate is more in the nature of a relationship certificate. Mere issuance of legal heirship certificate does not vest any right on the parties in whose name the legal heirship certificate is given since all the parties are governed by their respective personal law. This position has been made very clear even in the latest Government order that was issued in G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section dated Page No.4 of 7
13.03.2024.
5. In view of the above, it is made clear that just because the legal heirship certificate has been issued in the name of the private respondents, that does not mean that any right has been created in their favour. This legal heirship certificate merely explains the relationship of the private respondents to that of the deceased and nothing more. Therefore, on the strength of the legal heirship certificate, the private respondents cannot deal with the property which, according to the petitioner, has already vested in the Trust. This clarification is sufficient to take care of the grievance expressed by the petitioner.
6. This Writ Petition is disposed of with the above clarification. No costs. Consequently, the connected Miscellaneous Petition is closed. 30-07-2025 Index:Yes/No Speaking/Non-speaking order Jeni Page No.5 of 7
To 1.The Revenue Divisional Officer Chennai South, Guindy Chennai 2.The Tahsildar Mylapore Taluk, R.A. Puram Chennai 3.The District Registrar Karur District 4.The Sub Registrar Velayuthampalayam Sro, Karur District 639 117 5.The Sub Registrar Chinna Dharapuram Sro, Karur District 639 202 6.The Superintendent Of Police Karur District 7.The Inspector Of Police Velayuthampalayam Police Station, Karur District 8.The Inspector Of Police R.A. Puram Police Station, Chennai Page No.6 of 7
N.ANAND VENKATESH J.
Jeni 30-07-2025 Page No.7 of 7