Madras High CourtWP(MD)/14858/2020disposed of

K.Chinnapandi v. The Revenue Divisional Officer

2020-10-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Chinnapandi ... Petitioner Vs 1.The Revenue Divisional Officer, Thirumangalam Sub Division, Madurai District.

2.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

3.The Revenue Inspector, Pannikundu Bit, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

4.The Village Administrative Officer, Ponnamangalam Village, Ponnamangalam, Thirumangalam, Madurai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to issue legal heirship certificate of demised Poochi S/o.Karuppanakurumban and consequently issue joint patta in favour of (1)Pandiammal, (2)Chinnapandi (the petitioner) (3)Muniyandi (Sakkammal's heirs) and (4) Pandiammal (Sakkaraiammal's heir) under the proceedings vide O.Mu.No.3080/2020/A3 dated 25.09.2020 sent by the first respondent to the second respondent. For Petitioner : Mr.R.Sundar For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, to direct the respondents to issue legal heirship certificate for the demised Poochi S/o.Karuppanakurumban and consequently, issue joint patta in favour of (1)Pandiammal, (2)Chinnapandi (the petitioner) (3) Muniyandi (Sakkammal's heirs) and (4) Pandiammal (Sakkaraiammal's heir) under the proceedings vide O.Mu.No.3080/2020/A3, dated 25.09.2020 sent by the first respondent to the second respondent. 1/6

2.Heard Mr.R.Sundar, learned counsel for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader for the respondents.

3.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that, he applied with the second respondent for legal heirship certificate for his deceased grand-father Mr.Poochi, who died on 25.05.1988. According to the petitioner, eventhough proceedings have been initiated by the first respondent, subsequent to the application submitted by the petitioner for grant of legal heirship certificate for the deceased Poochi in O.Mu.No.3080/2020/A3, till date the proceedings have not been completed and legal heirship certificate has not been issued. Hence, the petitioner has filed this writ petition. 5.The relief sought for by the petitioner is an innocuous relief.

No prejudice will be caused to the respondents, if the relief sought for in this writ petition is granted. Admittedly, the petitioner's grand-father died on 25.05.1988. It is also an admitted fact that, the petitioner has applied for legal heirship certificate for his deceased grand-father Mr.Poochi. As seen from the typed set of papers filed along with the writ petition, there seems to be rival claimants over the same property, which the petitioner also claims ownership along with others. It is for the first respondent to hear all the rival claimants and thereafter, pass final orders on the request made by the petitioner for issuance of legal heirship certificate for his deceased grand-father Mr.Poochi, who died on 25.05.1988.

6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 25.09.2020 seeking issuance of legal heirship certificate for his deceased grand-father, who died on 25.05.1988, after hearing all the rival claimants and other necessary parties and pass final orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk 2/6

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To 1.The Revenue Divisional Officer, Thirumangalam Sub Division, Madurai District.

2.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

3.The Revenue Inspector, Pannikundu Bit, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

4.The Village Administrative Officer, Ponnamangalam Village, Ponnamangalam, Thirumangalam, Madurai District. +1 CC to M/s.GP ( SR-20792[F] dated 02/11/2020 ) 29.10.2020 CK(CO) KK(18.11.2020) 3 P 6C 3/6