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Madras High CourtWP/788/2025allowed

Jayalakshmi v. The Revenue Divisional Officer

2025-07-28Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH JAYALAKSHMI Petitioner(s) Vs 1.The Revenue Divisional Officer Salem, Salem District.

2.The Tahsildar, Salem, Salem District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent dated 26.06.2024 bearing Reg.No.TN 7202406261746 and quash he same and subsequently issue Legal Heir Certificate to the petitioner for the death of her husband Palanisamy son of Rajappan by impleading the name of the petitioner and her daughter Manimegala.

For Petitioner(s):

Mr.C.Deepakkumar For Respondent(s):

Mr.R.Neelakandan, Additional Advocate General assisted by Mr.R.P.Muruganraja, Government Advocate

ORDER

This Writ Petition has been filed challenging the online rejection order of nd respondent dated 26.06.2024 and for a consequential direction to the 2 nd the 2 respondent to issue legal heirship certificate on the demise of the petitioner's husband Palanisamy.

2. Heard Mr.C.Deepakkumar, learned counsel appearing for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General appearing for the respondents.

3. The case of the petitioner is that she married Palanisamy on 29.10.1987 and out of the wedlock they had a female child by name Manimegala. The petitioner's husband seems to have developed a relationship with another women named Kalyani. He died on 06.10.2020. It is alleged that a legal

heirship certificate was issued by including the name of Kalyani and her two sons. Questioning the same, the petitioner submitted an application before the District Revenue Officer on 07.03.2023 to cancel the legal heirship certificate. The District Revenue Officer through proceeding dated 31.05.2024 directed the Tahsildar to conduct an enquiry and take a decision. However, the online nd respondent without assigning any rejection order came to be issued by the 2 reason and by merely taking note of the report of the Village Administrative Officer and the Revenue Inspector. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. In the considered view of this Court, when the 2 nd respondent has nd chosen to reject the online application, the reasons assigned by the 2 respondent by relying upon the report submitted by the Village Administrative Officer and the Revenue Inspector must also be uploaded in the pdf format. Only then, it can be ascertained as to the reason for the rejection of the application by the Tahsildar. In the absence of any reasons, what is seen from the online rejection order is only a reference made to the report of the Village

Administrative Officer and the Revenue Inspector. This is more so, since the District Revenue Officer while passing the order on 31.05.2024 has specifically directed the Tahsildar to conduct an enquiry and take a decision.

5. In the light of the above discussion, the rejection order passed by the nd respondent is hereby quashed. The matter is remitted back to the file of the nd respondent. The 2 nd respondent is directed to issue notice to the concerned parties and conduct enquiry and pass a reasoned order within a period of six (6) weeks from the date of receipt of a copy of this order.

6. It is made clear that a circular shall be issued to the Secretary of Revenue Department and Commissioner of Revenue Administration to the effect that while issuing online rejection orders, the reasons for passing such order must be uploaded in the pdf format, in order to enable the concerned person to know the reason for allowing or rejecting the application. This circular shall be issued immediately, since many Writ Petitions are filed before this Court with such online rejection orders, not accompanied by any reasons.

After the circular is issued, directions shall also be issued to the service provider to ensure that such uploading takes place in the e-portal.

7. In the result this Writ Petition is allowed with the above direction. No costs.

28-07-2025 dsa Index :Yes/No Speaking/Non-speaking order Internet :Yes :Yes/No

To 1.The Revenue Divisional Officer Salem, Salem District.

2.The Tahsildar Salem, Salem District.

3.The Secretary, Revenue Department.

4.The Commissioner, Revenue Administration Department.

N.ANAND VENKATESH J.

dsa 28-07-2025