G. Jeyaraman v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1551 of 2025 G.Jeyaraman ... Petitioner Vs.

1. The District Revenue Officer, Madurai.

2. Revenue Divisional Officer, Madurai South, Melur, Madurai.

3. The Tahsildar, Madurai South, Madurai.

4. B.Punithavathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceeding BA.Mu.No. E.66254/2023/D4 dated 18.10.2024 issued by the first respondent confirming the order of 2nd respondent under proceeding Mu.Mu.No. 2372/2023/A1 dated 14.8.2023 and Legal heir Certificate No.T.N. 7202112242932 issued by the 3rd respondent and quash the same as illegal, arbitrary and further direct the respondent to issue fresh Legal Heir Certificate after conducting fresh enquiry.

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For Petitioner : Mr.V..Balamohan Thambi For Respondents : Mr.D.S.Neduncheliyan (R1 to R3) Government Advocate

ORDER

Challenging the orders passed by the second respondent dated Nil, signed on 14.08.2023 and the order passed in the appeal as against the aforesaid order by the first respondent dated 18.10.2024 rejecting the petitioner's application to effect necessary corrections with respect to certain details in the legal heir certificate of his grandfather, namely, Karuppana Konar, this writ petition is filed.

2. Considering the nature of the order going to be passed in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. When the matter is taken up for hearing, the learned Government Advocate appearing for the official respondents, on instructions submitted that the petitioner is seeking correction of the age and other details of the surviving legal heirs of the deceased grandfather, namely, Karuppana Konar in his legal 2/6

heir certificate. However, the petitioner has not given any particulars with supporting documents in order to effect the same. Therefore, the impugned order came to be passed on the ground that such kind of application cannot be entertained. Unless and until the petitioner produces necessary documents, the petitioner's plight cannot be validated.

4. Per contra, the learned counsel appearing for the petitioner submitted that the petitioner is always ready to produce necessary documents in this regard and the respondents can appreciate the same and effect the necessary amendments in the legal heir certificate of the petitioner's deceased grandfather.

5. Considering the facts and circumstances of this case, setting aside the impugned orders dated 14.08.2023 and 18.10.2024, this matter is remanded back to the file of the third respondent and the petitioner is forthwith directed to submit all the supporting documents, which would substantiate the age and other details of the legal heirs of the deceased grandfather, namely, Karuppana Konar including the surviving legal heirs so as to effect necessary amendments. On receipt of the same, the third respondent is directed to issue the corrected legal heir certificate within a period of eight weeks thereafter. 3/6

6. With the aforesaid direction, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 28.01.2025 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The District Revenue Officer, Madurai.

2. Revenue Divisional Officer, Madurai South, Melur, Madurai.

3. The Tahsildar, Madurai South, Madurai.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated:

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