Chinnapandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Chinnapandi ... Petitioner Vs 1.The District Collector, Tirunelveli District.

2.The Tahsildar, Taluk Office, Sankarankovil Taluk, Tirunelveli District.

3.The Revenue Inspector, Kurivikulam Firka, Sankarankovil Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in Mu.Mu.No.1/192/19 dated 20.02.2019 and quash the same as unjust, unfair and consequently direct the second respondent to issue legal heir certificate in favour of the petitioner, in respect of his deceased father's brother Chelliah. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.M.Senthil Ayyanar Government Advocate 1/4

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the second respondent dated 20.02.2019, thereby rejecting the request made by the petitioner for issuance of legal heirship certificate.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner's father's brother Chelliah died on 09.10.1997. He died as a bachelor and he had no issues. After a period of 30 years, the petitioner being the deceased father's brother's son applied for a legal heirship certificate stating that he is a Class-II legal heir.

4.The legal heirship can be issued for the direct legal heirs. Admittedly, the petitioner is claiming to be a Class-II legal heir. Therefore, the second respondent rightly rejected the request made by the petitioner, dated 20.02.2019. This Court finds no 2/4

infirmity or illegality in the order passed by the second respondent, dated 20.02.2019. Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed.

5.Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to obtain a succession certificate, in the manner known to law, if so advised. There shall be no order as to costs.

02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Tirunelveli District.

2.The Tahsildar, Taluk Office, Sankarankovil Taluk, Tirunelveli District.

3.The Revenue Inspector, Kurivikulam Firka, Sankarankovil Taluk, Tirunelveli District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 02.12.2024 4/4