A.Kunjappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI A.Kunjappan S/o.Arimuthu, Poocheettihalli Village, Bedrahalli Post - 636 803,Nallampalli Taluk,Dharmapuri District.

Petitioner(s) Vs

1. The District Collector Dharmapuri 2.The District Revenue Officer, Dharmapuri, Dharmapuri District.

3.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

4.The Tahsildar, Taluk Office, Nallampalli 636 807, Nallampalli Taluk, Dharmapuri District.

5.Pachalappan, S/o.Nadantha Goundan, 6.Murugesan S/o.Kandan, 7.Tmt.Chinnammal Respondent(s)

PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings bearing Na.Ka.548/2025/E-2 dated 29.04.2025 issued by the 4th respondent and to set aside the same and further issue necessary direction to the 4th respondent to cancel the bogus death certificate dated 08.01.2014 issued by village administrative officer Mookkanahalli, Dharmapuri District and the Legal heir certificate dated 02.11.2017 issued by the 4th respondent bearing Na.Mu.no.8143/2017/A1.

For Petitioner(s):

Mr.A.Prabhakaran For Respondent(s):

Mr.P.Ganesan, Additional Government Pleader for Mr.A.M.Ayyadurai, Government Advocate for RR1 to 4

ORDER

This writ petition is filed to call for the records of the impugned proceedings bearing Na.Ka.548/2025/E-2 dated 29.04.2025 issued by the 4th respondent and to set aside the same and further issue necessary direction to the 4th respondent to cancel the bogus death certificate dated 08.01.2014 issued by village administrative officer Mookkanahalli, Dharmapuri District and the Legal heir certificate dated 02.11.2017 issued by the 4th respondent bearing Na.Mu.no.8143/2017/A1.

2.The learned counsel for the petitioner would submit that the petitioner is the permanent resident of Poochettihalli Village, Bedrahalli Post, Nallampalli Taluk, Dharmapuri District and that his paternal great grandfather one Poovan

alias Pachiappa Gounder, owned several acres of lands in and around Poochettihalli Village. The said Poovan was married to Valliammal and they were blessed with 4 sons viz., 1)Karian alias Nadantha Gounder, 2) Chinna Karlan alias Thirupathi Gounder, 3) Samiyar and 4)Palani and that he was also married to one Iruliammal and they were blessed with one son Arimuthu, the petitioner's father.

3.While so, Karian alias Nadantha Gounder died and subsequently, the death certificate and the legal heir certificate was issued in favour of his legal heirs, who are arrayed as respondents 5 to 7 herein, in which his name has been wrongly mentioned as Kunjappan alias Nadantha Gounder. Taking advantage of the same, the respondents 5 to 7 herein are attempting to grab a certain property belonging to the petitioner. Therefore, the petitioner filed a civil suit in O.S.No.672 of 2024 on the file the Subordinate Judge, Dharmapuri for declaring that the petitioner is the absolute owner of the said property and also made a representation dated 09.09.2024 before the fourth respondent for cancelling the death certificate and legal heir certificate issued in the name of the private respondents.

However, no order was passed by the fourth respondent. Hence, the petitioner filed a writ petition before this Court in W.P.No.5662 of 2024. Thereafter, this Court by its order dated 19.02.2025 issued a direction to the respondents to consider the representation of the petitioner dated 09.09.2024 and to pass appropriate orders.

the present rejection order has been passed. Challenging the same, the present writ petition is filed with the above said prayer. 4.The learned counsel for the petitioner would submit that admittedly, the petitioner's name is Kunjappan whereas, his another cousin's name is Karian alias Nadantha Gounder. However, the authority for birth and death registration issued the death certificate and legal heir certificate mentioning the name as Kunjappan @ Nadanthan Gounder. Taking advantage of the same, the private respondents decided to grab the property belonging to the petitioner. Therefore, the petitioner made an application for cancelling the bogus certificates before the fourth respondent. However, the same was not property adjudicated by the fourth respondent and has passed the impugned rejection order, which is not sustainable.

Hence, he prays for appropriate orders cancelling the bogus certificates issued in favour of the private respondents. 5.Heard both sides and perused the materials available on record. 6.Since no adverse order is passed against the respondents 5 to 7, notice to them is dispensed with.

7.On a perusal of the entire records reveals that the petitioner claims that his name is Kunjappan, whereas, the person who died is Karian @ Nadantha

Gounder. For the very same issue, a civil suit is pending before the competent civil Court at the instance of the petitioner and if at all the petitioner is aggrieved by the impugned order, the only remedy available to the petitioner is to approach the competent civil court for appropriate remedy as regards the difference in the name in between the petitioner and the father of the private respondents. Without doing so, filing the present writ petition is not sustainable. 8.Therefore, the writ petition is disposed of, with liberty to the petitioner to approach the competent civil Court for appropriate remedy. If the petitioner approaches the competent civil court, the civil court is directed to decide the issue and pass appropriate orders, uninfluenced by any of the observations made by the revenue authority in the impugned order. No costs. 14-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The District Collector Dharmapuri 2.The District Revenue Officer, Dharmapuri, Dharmapuri District.

3.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

4.The Tahsildar, Taluk Office, Nallampalli 636 807, Nallampalli Taluk, Dharmapuri District.

M.DHANDAPANI J.

Tsg 14-11-2025