S.Panchatcharam v. Revenue Divisinal Commissioners Office
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.38669 of 2025 1.S.Panchatcharam 2.Priyadharshini 3.Sowmiya 4.P.Gopinath ... Petitioners Vs.
1.Revenue Divisional Commissioner's Office, North Chennai Revenue Division, Chennai - 66.
2.Tahsildar, Perambur Tahsildar's Office, Chennai - 600 039.
3.The District Collector, District Collector's Office, Perambur Circle.
... Respondents 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 dated 09.07.2024 and 02.08.2024 in order Letter No.7632666/2023/C3 and Letter No.8986354/C3 respectively and to quash the same as illegal and direct the respondent authorities to initiate fresh proceedings for the issuance of a valid and lawful legal heir certificate including the name of Page No.1 of 7
the petitioner's wife, Late Smt.Velankanni, as one of the legal heirs of Late Thangavel as per the representation dated 29.07.2024 given by the petitioner.
For Petitioners : Ms.S.Santhi For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader *****
ORDER
This Writ Petitioner is rather an unfortunate case, where the legal heirs are made to run from pillar to post to get the fake legal heir certificate obtained by the relatives to be cancelled.
2. Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mrs.S.Anitha, learned Special Government Pleader, accepts notice on behalf of the respondents. With the consent of the learned counsel appearing for the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The 1st petitioner is a senior citizen aged about 77 years. The petitioners 2 to 4 are his children. The 1st petitioner's wife, namely Velankanni died in the year 2020. The petitioner's father-in-law, namely Page No.2 of 7
Thangavel had three children; two sons and a daughter. The said daughter is the wife of the 1st petitioner. The father-in-law of the 1st petitioner died interstate thereby making his wife and three children the legal heir over his properties. The sons of the said Thangavel are also no more. Since his wife is also a legal heir and entitled to a share in the properties of her father's properties, the 1st petitioner applied for legal heir certificate. To the shock and surprise, the 1st petitioner came to know that there exist a legal heir certificate mentioning only the names of the wife and two sons of the said Thangavel. The name of the wife of the 1st petitioner is omitted. Since his wife is also entitled to a rightful share over the properties of her father, the 1st petitioner made an application under RTI before the 2nd respondent.
Vide impugned orders, the 2nd respondent has stated that back records are not available with the office and therefore, no information could be given as regards the genuineness of the legal heir certificate produced by the 1st petitioner. Therefore, the 1st petitioner along with his children has come forward with this writ petition with a prayer to quash the legal heir certificate given to the wife and sons of the said Thangavel omitting the name of his wife and also for a direction to the authorities to initiate fresh proceedings for issuance of the valid and Page No.
lawful legal heir certificate including the name of his wife. In this regard, the 1st petitioner has given a representation dated 29.07.2024 to the 3rd respondent. Since no action has been taken, the petitioners seek a Mandamus to the said authorities.
4. This Court has gone through the available records and heard the learned counsel for the petitioner as well as the respondents.
5. The 1st petitioner is not claiming that his wife is entitled to the entire share of the properties. The 1st petitioner is only seeking for rightful share of his wife. The respondents ought to have conducted a preliminary enquiry as to the offsprings of the deceased Thangavel and thereafter, issued a legal heir certificate. The impugned orders passed by the 2nd respondent speaks for itself. The 2nd respondent is fare enough to admit that back records are not available with the office and therefore, no information could be given as to the genuineness of the legal heir certificate. This statement is enough to prove that the legal heir certificate is not a genuine one and therefore, the same is set aside. Consequently, the 2nd respondent is directed to conduct an enquiry to the genuineness of Page No.4 of 7
the claim made by the petitioners and thereafter, give a proper reply to the representation submitted by the petitioners.
6. With the above observations and directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
12.09.2025 Index : Yes / No (1⁄2) Speaking order / Non-speaking order sp To 1.The Revenue Divisional Commissioner's Office, North Chennai Revenue Division, Chennai - 66.
2.The Tahsildar, Perambur Tahsildar's Office, Chennai - 600 039.
3.The District Collector, District Collector's Office, Perambur Circle.
Page No.5 of 7
M.DHANDAPANI, J.
sp 12.09.2025 (1⁄2) Page No.6 of 7
W.M.P.No.38668 of 2025 in M.DHANDAPANI,J.
Ordered on payment of single court fee.
12.09.2025 sp (2/2) Page No.7 of 7