D.Arun v. The Tahsilder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Arun .. Petitioner

Versus

1. The Tahsildar, Avadi Taluk Office, Avadi, Chennai - 600 054.

2. D.Nagarajan .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 1st respondent to remove the 2nd respondent name in the legal heirship certificate and to issue legal heirship certificate and to declare that the 2nd respondent got love marriage with other caste girl and staying away/out of the family from 1995 year onwards to till today currently dated as per law by the 2nd respondent. For Petitioner : Mr.D.Arun, Party-in-person 1/5

For Respondents : Mr.R.Neelakandan, Additional Advocate General-VIII, Asstd. by Mr.Murthi, Government Advocate, for R1 : M/s.Nair P.Sridevi Pradeep, for Mr.K.Balaji, for R2

ORDER

This Writ Petition is filed for a Writ of Mandamus directing the first respondent to remove the second respondent's name in the legal heirship certificate, to issue legal heirship certificate and to declare that the second respondent got married with other caste girl and staying away from the family from the year 1995 onwards till today as per law.

2. The petitioner appeared in person. It is his submission that the second respondent developed a love affair with a girl belonging to some other caste and he had abandoned the family from the year 1995. Since more than seven years have lapsed, his name should be removed from the 2/5

legal heirship certificate. By his conduct, he was also the root cause for the father and mother becoming sick. The reputation of the family is also spoiled. On account of his activity, the father's property was also encroached by others. Therefore, since more than seven years are over, his name has to be removed from the legal heirship certificate.

3. For all the above reasons mentioned by the party-in-person, the relief cannot be granted. Accordingly, finding no merits, this Writ Petition stands dismissed. There shall be no order as to costs. 05.02.2025 : no grs To The Tahsildar, Avadi Taluk Office, Avadi, Chennai - 600 054.

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D.BHARATHA CHAKRAVARTHY, J.

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