T. Thavasi Muthu v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH T.Thavasi Muthu ... Petitioner -vs1.The Revenue Divisional Officer, Nagercoil-1, Kanyakumari District.
2.The Tahsildar, Agastheeswaran Taluk, Nagercoil-1, Kanyakumari District.
3.T.Radhakrishnan 4.T.Rajalakshmi 5.T.Chandra 6.T.Padmavathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to cancel the fraudulent legal heir certificate vide Pa.Mu.C3/22266/2012 dated 09.10.2012, issued by second respondent/Tahsildar, Agasteeswaram Taluk and issue a fresh legal heir
certificate incorporating all legal heirs of Thiruvanandha Perumal, by considering the petitioner's representation dated 03.02.2025. For Petitioner : Mr.K.P.Narayanakumar For R1 and R2 : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to cancel the fraudulent legal heirship certificate vide Pa.Mu.C3/22266/2012 dated 09.10.2012, issued by second respondent/Tahsildar, Agasteeswaram Taluk and issue a fresh legal heirship certificate incorporating all legal heirs of Thiruvanandha Perumal, by considering the petitioner's representation dated 03.02.2025.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the respondents 3 to 6, notice to the respondents 3 to 6 is hereby dispensed with.
4. The petitioner, seeking to cancel the fraudulent legal heirship certificate issued by the second respondent dated 09.10.2012 and to issue a fresh legal heirship certificate incorporating all legal heirs of Thiruvanandha Perumal, submitted a representation on 03.02.2025. As the said representation has not been considered so far, the petitioner has filed the present Writ Petition.
5. The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that, based on the representation received from the petitioner, the first respondent, through her proceedings in A5/795/2025, dated 24.03.2025, has directed the petitioner and the respondents 3 to 6 to appear for an enquiry on 03.04.2025 at 03:00 p.m., along with all the relevant documents. If the parties appear on the said date, appropriate orders will be passed on merits and in accordance with law, within a time frame as fixed by this Court.
6. Heard both sides.
7. Considering the above said submissions, this Court directs the parties to appear before the first respondent on 03.04.2025 along with all the relevant
documents. The first respondent is directed to conclude the entire proceedings and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner, the respondents 3 to 6 herein, as well as all other persons, who may be interested in the subject matter, within a period of three months thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 25.03.2025 Index : Yes / No smn2 To:- 1.The Revenue Divisional Officer, Nagercoil-1, Kanyakumari District.
2.The Tahsildar, Agastheeswaran Taluk, Nagercoil-1, Kanyakumari District.
VIVEK KUMAR SINGH , J.
smn2 25.03.2025