Madras High CourtWP/46932/2025dismissed

V.Chandrasekar v. The District Collector

2025-12-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR V.Chandrasekar .. Petitioner

Versus

1. The District Collector Coimbatore District Collector Office Coimbatore - 641 018 2.The Revenue Divisional Officer Coimbatore North Revenue Divisional Officer Goundampalayam, Coimbatore - 641 030 3.The Tahsildar Annur Taluk Office Annur, Coimbatore - 641 653 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.08.2025 and thereby direct the respondents to cancel the false legal heir certificate obtained by the said Saroja, vide Doc.No.7335 of 2016 dated 19.02.2016 on the file of the Sub Registrar Office, Gandhipuram. For Petitioner : Mr.M.Selvam For Respondents : Mr.R.Neelakandan, AAG assisted by Mr.Yogesh Kannadasan, Special Government Pleader 1 / 4

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. This writ petition has been filed for a direction, directing the respondents to consider the petitioner's representation dated 14.08.2025 and thereby direct the respondents to cancel the false legal heir certificate obtained by the said Saroja, vide Doc.No.7335 of 2016 dated 19.02.2016 on the file of the Sub Registrar Office, Gandhipuram.

3. Acccording to the petitioner, his father's sister son namely Gopalakrishnan died on 10.02.2016 and the said Gopalakrishnan died as a bachelo. Since, he has no first class legal heir, the petitioner's father R.Venkatesh is the only second class legal heir had filed suit in O.S.No.393 of 2017 and in the said suit, award was passed by National Lok Adalat in Coimbatore District Legal Services Authority. His father applied for the legal heir certificate based on the award, subsequently, the petitioner's father died on 18.02.2020, after his death, the 2 / 4

petitioner's mother, petitioner, his sister are the legal heirs of Venkatesh. When he verified the revenue records, one Saroja was fraudulently fabricated the legal heir certificate of his uncle Gopalakrishnan on 19.02.2016, therefore, the said certificate is not valid and seeks for cancelling the legal heir certificate issued in favour of Saroja.

4. Heard both sides and perused the materials placed on record. At the outset, this Court is of the view that such a blanket direction cannot be granted for the simple reason that the petitioner claims that his uncle Gopalakrishnan died unmarried without leaving any first class legal heir. The petitioner claims to be second class legal heirs through his father, whether there was actual marriage between the Gopalakrishnan and one Saroja or whether Gopalakrishnan had died unmarried without any issue are all matter of evidence and it has to be established only before a competent civil court in the proper manner. The legal heir certificate dated 19.02.2016 was issued in favour of one Saroja claiming to be the wife of the deceased Gopalakrishnan, whether they were married or not has to be decided in a civil court. If properly advised, the petitioner shall file a suit making the said Saroja as party in the suit and seek appropriate declaration.

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N. SATHISH KUMAR , J.

5. Such view of the matter, I do not find any merits in this petition and this petition stands dismissed. No costs.

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