← Library
Madras High CourtWP(MD)/1064/2022disposed of

Renuka Devi Rengaswamy v. The Secretary

2024-04-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1064 of 2022 Renuka Devi Rangaswamy ... Petitioner Vs.

1.The Secretary, Ministry of Revenue, Government of Tamil Nadu, Chennai.

2.The District Collector, Tuticorin District.

Tuticorin.

3.The District Revenue Officer, District Revenue Office, Tuticorin District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Tuticorin District.

5.The Sub-Registrar, Kangai Kondan Registrar Office, Kangaikondan, Tirunelveli District.

1/4

6.R.Vellaiammal .. Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first three respondents to enquire and take action and to order to cancel the death certificate of Mrs.Andichi Ammal No.D-2018:33-13061-000010 dated 20.08.2018 and subsequently created legal heir certificates No.TN-7202009282541 dated 01.11.2020 on the basis of the representation dated 09.11.2021. For Petitioner : Mr.B.Char Murugan For Respondents : Mr.D.Sasikumar Additional Government Pleader for R.1 to R.5 Mr.G.Gomathi Sankar for R.6

ORDER

Heard both sides.

2.The case of the petitioner is that at the instance of the sixth respondent, the fourth respondent issued an erroneous death certificate and the jurisdictional Tahsildar issued an erroneous legal heir certificate. 3.The learned counsel appearing for the petitioner would specifically contend that these certificates were issued without 2/4

conducting proper enquiry. If that be so, the third respondent herein can certainly look into both the aspects. The petitioner is permitted to submit a fresh petition before the third respondent challenging the issuance of the petition mentioned death certificate as well as legal heir certificate. Upon receipt of the same, the third respondent will enquire into it and give a disposal on merits and in accordance with law within a period of twelve weeks thereafter. The third respondent will put all the interested persons on notice before passing final order. I make it clear that I have not gone into the merits of the matter.

4.With this liberty to the writ petitioner and direction to the third respondent, this writ petition is disposed of. There shall be no order as to costs.

17.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Secretary, Ministry of Revenue, Government of Tamil Nadu, Chennai.

3/4

G.R.SWAMINATHAN,J.

MGA 2.The District Collector, Tuticorin District.

Tuticorin.

3.The District Revenue Officer, District Revenue Office, Tuticorin District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Tuticorin District.

5.The Sub-Registrar, Kangai Kondan Registrar Office, Kangaikondan, Tirunelveli District.

W.P.(MD)No.1064 of 2022 17.04.2024 4/4