Madras High CourtWP(MD)/1610/2020dismissed

R.Basheer Ahamed v. The District Collector

2020-01-28Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.1610 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1610 of 2020 R.Basheer Ahamed ... Petitioner Vs.

1.The District Collector, Chennai.

2.The Deputy Tahsildar, Head Quarters, Purasaivakkam Circle, Purasaivakkam, Chennai.

3.K.Mohamed Subahan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to take suitable action on the basis of the petitioner's representation dated 24.10.2019. For Petitioner : Mr.V.Maragathavel For R -1 and R-2 : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

2. The petitioner has sought for a direction to the second respondent to take suitable action against the third respondent on the basis of his representation dated 24.10.2019.

3. Though the petitioner claims to be the owner of the property mentioned in the petition, he has not even mentioned as on what date he has purchased the property or whether his vendor had any saleable right in the same. He admits that the third respondent is the legal heir of the original owner of the property. However, he claims that the legal heirship certificate issued on 14.03.2007 is a false document based on R.T.I report.

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W.P(MD)No.1610 of 2020

4. The learned Government Advocate represents that the Taluk office had been originally bifurcated and later trifurcated. Therefore, based on the materials available, the information was furnished to the petitioner stating that the said legal heirship certificate issued by the Tahsilder, Purasaivakkam, Chennai, is a false one.

5. The petitioner, who has got no right or title to the property is also not a person aggrieved by the issuance of the legal heirship certificate. While so, he is seeking for a direction to take action against the third respondent, which is not maintainable. In view of the above, this writ petition is dismissed. It is open to the petitioner to work out his remedy before the appropriate forum. No Costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) pm To:

1.The District Collector, Chennai.

2.The Deputy Tahsildar, Head Quarters, Purasaivakkam Circle, Purasaivakkam, Chennai.

W.P.(MD)No.1610 of 2020 28.01.2020 JMN(12.02.2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2