Shri Rajesh Muraliganesh v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2023
CORAM
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN and W.M.P.No.34566 of 2022 Shri Rajesh Muraliganesh ... Petitioner Vs.
1.The Government of Tamil Nadu rep.by the Secretary, Revenue Department, Fort St. George, Chennai - 600 009.
2.The Tahsildar, Tambaram Taluk, Tambaram, Chennai.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling upon the records of the second respondent to quash the same and further, direct him to issue Legal Heirship Certificate to the petitioner as per the petitioner's application No.TN720220816165, dated 20.08.2022. 1/4
For Petitioner : Mr.M.Rajasekar For Respondents : Mr.P.Rajarajeswari, Government Advocate for R1
O R D E R
The petitioner has filed the present Writ Petition in the nature of Writ of Certiorarified Mandamus seeking interference with the orders of the second respondent/Tahsildar, Tambaram, who had issued a Legal Heirship Certificate to the petitioner dated 20.08.2022. 2.A Legal Heirship Certificate was originally issued. The petitioner had grievances. Thereafter, the petitioner was directed to go back to the Tahsildar. The Tahsildar has issued a fresh Legal Heirship Certificate, In the said Legal Heirship Certificate, he had stated that the grandfather of the petitioner was aged 123 years and the grandmother of the petitioner was aged 140 years. Obviously, these are the mistakes which stand on the face of the record. 2/4
3.The learned Government Advocate however states that the Tahsildar cannot reissue the said Certificate in issue. The petitioner is granted liberty to approach the Revenue Divisional Officer in the nature of an appeal. Even if the period of appeal is over, the petitioner can file the appeal on or before 10.03.2023. A direction is given to the Revenue Divisional Officer to delete the name of the grandfather and the grandmother, more particularly, the age which has been shown as 123 and 101 and issue a fresh Legal Heirship Certificate as per the application given. The said exercise shall be completed within a period of three weeks from the date on which appeal is filed. With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 23.02.2023 Index :Yes/No Speaking/Non speaking order mps 3/4
C.V.KARTHIKEYAN, J, mps To 1.The Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.
2.The Tahsildar, Tambaram Taluk, Tambaram, Chennai.
and W.M.P.No.34566 of 2022 23.02.2023 4/4