Madras High CourtWP(MD)/13858/2023disposed of

Jamuna Rani.R v. The Sub Registrar

2023-06-14Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)No.11704 of 2023 R.Jamuna Rani ... Petitioner Vs.

1.The Sub Registrar, Sub Registrar Office, Srirangam, Tiruchirappalli District.

2.The Tahsildar, Tahsildar Office, Fort, Tiruchirappalli District.

3.S.Gajalakshmi 4.R.Dhanalakshmi 5.E.Thulasi 6.N.Padmavathy 7.K.Lalitha 8.K.Thilagavathi ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the 2nd respondent to consider the representation dated 06.05.2023 regarding including the petitioners name in the legal heirship certificate of Late. Mr. V. Kaliaperumal and to cancel the fraudulent legal heirship certificate obtained by Late K. Srinivasan, 4th to 8th Defendants and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioners :

Mr.T.A.Punithan For R1 :

Mr.M.Prakash Additional Government Pleader For R2 :

Mr.J.Ashok, Additional Government Pleader

ORDER

The petitioner is deeply aggrieved by a legal heirship certificate issued by the second respondent / the Tahsildar, Tiruchirappalli District, wherein the Tahsildar had issued legal heirship certificate relating to one Kaliyaperumal by including the names of the 3 to 8 respondents herein.

2. The petitioner claims to be the daughter of the first wife of Kaliyaperumal. The petitioner may very well file an appeal against the said order of the Tahsildar in accordance with the provisions of G.O.Ms.No.478 2/4

dated 29.09.2022, wherein within one year from the date of an order either refusing or granting legal heirship certificate, the aggrieved party can file a further appeal before the Revenue Divisional Officer.

3. Granting that particular liberty which is available already to the petitioner, even without issuing notice to the respondents 3 to 8, this writ petition is disposed of. It is made clear that this Court cannot enter into any discussion about the agreement of sale consequent to which the first respondent had been impleaded as a party to the writ petition. No costs. Consequently, connected miscellaneous petition is closed.

14.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Sub Registrar, Sub Registrar Office, Srirangam, Tiruchirappalli District.

2.The Tahsildar, Tahsildar Office, Fort, Tiruchirappalli District. 3/4

C.V.KARTHIKEYAN, J.

pnn and W.M.P.(MD)No.11704 of 2023 14.06.2023 4/4