Madras High CourtWP/30043/2025disposed of

Sundaram v. The District Collector

2025-08-08Honourable Mr Justice N. Anand Venkatesh12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. SUNDARAM S/o. Late Madhaiyan, No.10-11, 87.G. Munusamy Gounder Theru, Kolathur -636 303, Mettur Taluk, Salem District.

Petitioner(s) Vs

1. The District Collector Salem District, Salem.

2.The Sub Collector /Revenue Divisional Officer Mettur Revenue Division, Mettur Dam-1, Salem District 3.The Tahsildhar Mettur Taluk, Mettur Dam-1, Salem District 4.Chinnasamy, S/o. Ramasamy Boyan, Boyar Street, Bannavadi Post, Mettur Taluk, Salem District 5.RAMASAMY S/o. Ramasamy Boyan, Boyar Street, Bannavadi Post, Mettur Taluk, Salem District 6.Kutchi @ Lakshmi

D/o. Gurusamy, Boyar Street, Ayyampudur, Singiripatty Village, Mettur Taluk, Salem District 7.Shanthi S/o. Subramaniam, No.10-11 84A.G. Munusamy Gounder Theru, Kolathur -636 303, Mettur Taluk, Salem District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 2nd Respondent to dispose the appeal of the petitioner dated 18.02.2025 for cancellation of forged legal heir certificates of Ramasamy Boyan within a time to be stipulated by this Court.

For Petitioner(s): Mr.M.R. Jothimanian For Respondent(s):

Mr.R.Neelakandan Additional Advocate General Assisted by Mr.T.M.Rajangam Government Advocate for R1 to R3

ORDER

This matter is listed today under the caption "For being mentioned".

2. Considering the submissions of the learned counsel for the

petitioner, the following modifications are made in Paragraphs Nos.3, 4 and 5 of the order dated 08.08.2025.

"3.

The specific case of the petitioner is that the private respondents have created a bogus death certificate of Ramasamy Boyan as if he died on 15.10.1966. There is yet another death certificate available, which was issued by the Village Administrative Officer where it is mentioned that the said Ramasamy Boyan died on 14.05.1985. According to the petitioner, both these death certificates are bogus and based on the same, the documents have been created by the private respondents. The petitioner claims to be the great grand son of the said Ramasamy Boyan. There are proceedings pending between the parties. However, in the present writ petition, the subject matter of challenge pertains to the alleged bogus death certificates issued after the demise of Ramasamy Boyan.

The petitioner submitted an appeal before the 2nd respondent on 18.02.2025 in this regard. Since the said representation did not evoke any response, subsequent representation was made on 18.07.2025 and the same also

did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the appeal filed by the petitioner on 18.02.2025 on its own merits and in accordance with law after affording opportunity to the petitioner and the private respondents and final decision shall be taken within a period of eight weeks from the date of receipt of a copy of this order." 3.Registry is directed to carryout the necessary corrections in the order dated 08.08.2025and issue a fresh order copy by today. 20-08-2025 Note: Issue order copy on 20.08.2025 (today) gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Salem District, Salem.

2.The Sub Collector /revenue Divisional Officer Mettur Revenue Division, Mettur Dam-1, Salem District 3.The Tahsildhar Mettur Taluk, Mettur Dam-1, Salem District 4.Chinnasamy, S/o. Ramasamy Boyan, Boyar Street, Bannavadi Post, Mettur Taluk, Salem District 5.RAMASAMY S/o. Ramasamy Boyan, Boyar Street, Bannavadi Post, Mettur Taluk, Salem District 6.Kutchi @ Lakshmi D/o. Gurusamy, Boyar Street, Ayyampudur, Singiripatty Village, Mettur Taluk, Salem District 7.SHANTHI S/o. Subramaniam, No.10-11 84a.G. Munusamy Gounder Theru, Kolathur -636 303, Mettur Taluk, Salem District

N.ANAND VENKATESH J.

gd 20.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. SUNDARAM S/o. Late Madhaiyan, No.10-11, 87.G. Munusamy Gounder Theru, Kolathur -636 303, Mettur Taluk, Salem District.

Petitioner(s) Vs

1. The District Collector Salem District, Salem.

Ayyampudur, Singiripatty Village, Mettur Taluk, Salem District 7.Shanthi S/o. Subramaniam, No.10-11 84A.G. Munusamy Gounder Theru, Kolathur -636 303, Mettur Taluk, Salem District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 2nd Respondent to dispose the appeal of the petitioner dated 18.02.2025 for cancellation of forged legal heir certificates of Ramasamy Boyan within a time to be stipulated by this Court.

For Petitioner(s): Mr.M.R. Jothimanian For Respondent(s):

Mr.R.Neelakandan Additional Advocate General Assisted by Mr.T.M.Rajangam Government Advocate for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the 2nd respondent to deal with the appeal filed by the petitioner on 18.02.2025 wherein the petitioner is seeking for cancellation of the alleged legal heir ship certificate of Ramasamy Boyan within the time frame fixed by this Court.

Heard Mr.M.R.Jothimanian, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General Assisted by Mr.T.M.Rajangam, learned Government Advocate for respondents 1 to 3.

The specific case of the petitioner is that the private respondents have created a bogus death certificate of Ramasamy Boyan as if he died on 15.10.1996. There is yet another death certificate available, which was issued by the Village Administrative Officer where it is mentioned that the said Ramasamy Boyan died on 30.05.2014. According to the petitioner, both these death certificates are bogus and based on the same, the documents have been created by the private respondents. The petitioner claims to be the great grand son of the said Ramasamy Boyan. There are proceedings pending between the parties. However, in the present writ petition, the subject matter of challenge pertains to the alleged bogus death certificates issued after the demise of Ramasamy Boyan. 4.

The petitioner submitted an appeal before the 2nd respondent on 28.02.2025 in this regard. Since the said

representation did not evoke any response, subsequent representation was made on 18.07.2025 and the same also did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.

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

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

To 1.The District Collector Salem District, Salem.

N.ANAND VENKATESH J.

rka 08.08.2025