Mookan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Mookan ... Petitioner Vs.

1.The District Collector, Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, Illuppur Taluk, Pudukkottai District.

3.The Tahsildar, Taluk Office, Viralimalai Taluk, Pudukkottai District.

4.Subramani 5.Alagammal .... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 2 and 3 to conduct the enquiry on the petitioner's representation dated 12.06.2024 regarding to cancel the legal heir certificate of petitioner's deceased father namely Karupaiah and consequently to issue the fresh legal heir certificate to include the petitioner's name.

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For Petitioner : Mr.A.Arul Jenifer for M/s.KBS Law Office For Respondents : Mr.D.Sadiq Raja, Addl. Govt. Pleader for R1 to R3

O R D E R

This Writ Petition has been filed seeking direction to the respondents 2 and 3 to conduct the enquiry on the petitioner's representation dated 12.06.2024 regarding to cancel the legal heir certificate of petitioner's deceased father namely Karupaiah and consequently to issue the fresh legal heir certificate to include the petitioner's name.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 to 3. Since no adverse order is going to be passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.

3. With the 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 is the son born through the first wife of one Karupaiah. 5th respondent is the second wife of said Karupaiah. 4th 2/4

respondent is the son of 5th respondent. According to the petitioner, he is only the legal heir of the said Karupaiah. However, the 4th and 5th respondents, fraudulently obtained legal heir certificate, without impleading the name of the petitioner and mutated all the revenue records in their names. In this regard, the petitioner made a representation on 12.06.2024 before the respondents. Since no action was taken by the respondents, the petitioner has filed this Writ Petition.

5. Considering the limited relief sought for in this Writ Petition, without going into the merits of the case, this Court directs the respondents 2 and 3 to consider the representation of the petitioner dated 12.06.2024, after hearing the respondents 4 and 5 and pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

05.08.2024 NCC : Yes/No Index : Yes/No vsm 3/4

N.SATHISH KUMAR , J.

vsm To 1.The District Collector, Collectorate, Pudukkottai and District.

2.The Revenue Divisional Officer, Illuppur Taluk, Pudukkottai District.

3.The Tahsildar, Taluk Office, Viralimalai Taluk, Pudukkottai District.

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