Thirunavukarasu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH THIRUNAVUKARASU Petitioner(s) Vs
1. The District Collector Tiruvarur District, Tiruvarur.
2.The District Revenue Officer, Tiruvarur District, Tiruvarur.
3.Revenue Divisional Officer, Mannargudi Tiruvarur District.
4.Tahsildar, Thiruthooraipoondi Tiruvarur District.
5.Murugappan Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent to comply with the directions issued by the 2nd respondent in his proceedings in Mu.Mu.18191/ 2023/U-2 dated 24/07/2023 to hold a fresh enquiry for issuance of a fresh legal heir certificate for the deceased, Govindasamy Thevar. For Petitioner(s):
A.Muthukumar P.Srividhya For Respondent(s):
Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.S.J.Mohammed Sathik, Government Advocate For R1 to R4 R5 - No appearance
ORDER
This Writ Petition has been filed for issue of a writ of Mandamus th respondent to conduct an enquiry and to pass orders on the directing the 4 issuance of fresh legal heirship certificate for the deceased Govindasamy Thevar.
2. Heard Mr.A.Muthukumar, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General for the respondents 1 th respondent has been printed in the cause list and there to 4. The name of the 5 is no representation either in person or though counsel.
3. The case of the petitioner is that his biological father was one Vadivel Thevar. Mr.Govindasamy Thevar had no issues and hence he adopted the petitioner as his son. Govindasamy Thevar died leaving behind the petitioner and his adoptive mother. This fact has been admitted by the said Govindasamy Thevar even in the Will that was executed on 18.11.1992. The petitioner th respondent and the legal applied for legal heirship certificate before the 4 heirship certificate was issued on 05.11.1998 by showing the names of the petitioner and his adoptive mother as the legal heirs.
4. The 5 th respondent seems to have submitted an appeal before the 3 rd respondent seeking for cancellation of the legal heirship certificate. The said
appeal was dismissed merely on the ground that it has been filed after nearly 24 years after the legal heirship certificate was issued. Aggrieved by the same, the th respondent filed a revision before the 2 nd respondent and the 2 nd respondent through proceedings dated 24.07.2023 set aside the order passed in the appeal and remanded the matter back to the file of the Tahsildar. The grievance of the petitioner is that there was no progress in the proceedings before the Tahsildar and it is under these circumstances the present Writ Petition came to be filed before this Court.
5. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to th respondent to conduct an enquiry and pass appropriate orders within a the 4 period of four (4) weeks from the date of receipt of a copy of this order, after affording opportunity to all the interested parties, if no order has been passed till date.
6. The Writ Petition is disposed of with the above directions. No costs. 28-07-2025 dsa Index :Yes/No Speaking/Non-speaking order Internet :Yes :Yes/No To 1.The District Collector Tiruvarur District, Tiruvarur.
2.Teh District Revenue Officer Tiruvarur District, Tiruvarur.
3.Revenue Divisional Officer Mannargudi, Tiruvarur District.
4.TAHSILDAR Thiruthooraipoondi, Tiruvarur District.
5.Murugappan, S/o.Vadivel Thevar, Main Road, Amalur, Edaiyur Post, Thiruthooraipoondi Taluk, Tiruvarur District.
N.ANAND VENKATESH J.
dsa 28-07-2025