Pushpavalli v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Pushpavalli ... Petitioner -vs1.The District Collector, Collector's Office, Tenkasi, 2.The District Revenue Officer, District Revenue Office, Tenkasi, 3.The Revenue Divisional Officer, District Revenue Office, Tenkasi, 4.The Revenue Tahsildar, Taluk Office, Alangulam, Tenkasi District.
5.Mallika ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the impugned order dated 18.02.2025 under reference Na.Ka.COLR/3622/2024-M2 as passed by the District Revenue Officer, Tenkasi and subsequently quash the same as illegal and erroneous, forthwith.
For Petitioner : Mr.S.Palanivelayutham For R1 to R4 : Mr.J.K.Jayaselan Government Advocate
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the second respondent, dated 18.02.2025.
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 fifth respondent, notice to the fifth respondent is hereby dispensed with.
4. The learned counsel for the petitioner submits that the petitioner was issued with a legal heirship certificate by the fourth respondent following the death of her husband, Chidambarakrishnan. The petitioner and the fifth respondent both are legally recognized as wives of the deceased. Aggrieved by the issuance of the legal heirship certificate, the fifth respondent filed a revision petition before the second respondent, seeking cancellation of the certificate. The
grounds for the revision were based on alleged suppression of facts. The petitioner and the fifth respondent appeared before the second respondent. However, the petitioner was not provided with an adequate opportunity to present her case, as the second respondent failed to conduct a proper and fair enquiry. Due to lack of due process, the petitioner approached this Court under W.P. (MD)No.5105 of 2025, seeking to reopen the revision proceedings dated 05.02.2024. This Court, vide order dated 26.02.2025, dismissed the said writ petition, granting liberty to the petitioner to challenge the proceedings of the second respondent dated 18.02.2025 in a fresh writ petition. Hence, the present writ petition.
5. The learned Government Advocate appearing for the respondents 1 to 4 submits that the petitioner's husband has two wives, namely, the petitioner and the fifth respondent and therefore, the legal heirship certificate already issued in favour of the petitioner and her two sons, Ramkumar and Saravanan, has been cancelled by the second respondent. If the petitioner is aggrieved by the same, she should approach the competent Civil Court as per Clause 8(iii) of Circular No. 9/2019, issued by the Additional Chief Secretary / Commissioner of Revenue
Administration, dated 24.09.2019.
6. Heard both sides.
7. Considering the above said submissions, this Writ Petition is disposed of, with liberty to the petitioner to approach the competent Civil Court as per Clause 8(iii) of Circular No.9/2019, issued by the Additional Chief Secretary / Commissioner of Revenue Administration, dated 24.09.2019. If the petitioner approaches the competent Civil Court, the concerned Civil Court shall conclude the proceedings and pass appropriate orders on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs.
NCC : Yes / No 08.04.2025 Index : Yes / No smn2 To:- 1.The District Collector, Collector's Office, Tenkasi, 2.The District Revenue Officer,
District Revenue Office, Tenkasi, 3.The Revenue Divisional Officer, District Revenue Office, Tenkasi, 4.The Revenue Tahsildar, Taluk Office, Alangulam, Tenkasi District.
VIVEK KUMAR SINGH , J.
smn2 08.04.2025