Madras High CourtWP(MD)/15864/2023dismissed

Karuppasamy. V v. The Thasildar

2023-08-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.13280 of 2023 V.Karuppasamy ... Petitioner versus The Thasildar, Tenkasi Taluk, Tenkasi District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the respondent vide application No.TN7202304261007 dated 26.04.2023 and quash the same as illegal and consequently direct him to issue the legal heir certificate of the petitioner's grandfather.

For Petitioner : Mr.V.Angusamy For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader 1/4

ORDER

The petitioner, who is said to be a grandson of Nallakanuthevar, has submitted an application before the respondent through on-line requesting him to issue a legal heir certificate that he is the legal heir of his grandfather Nallakanuthevar, who died on 12.07.1967. The said application of the petitioner was rejected by the respondent, by order dated 26.04.2023 that the deceased Nallakanuthevar is having two wives and as it is not known as to whether any other legal heirs are there or not, the legal heir certificate cannot be issued. As against the same, the present writ petition is filed.

2. The Government has issued G.O.(Ms.)No.478, Revenue and Disaster Management, Revenue Administration Wing RA-3(2) Section dated 29.09.2022 issuing certain guidelines for issuing legal heir certificate. This Government Order was also issued based on the direction of this Court in W.P.No.25247 of 2021 and batch cases, dated 12.08.2022. As per Clause 7(i) of the said G.O.(Ms.)No.478 dated 2/4

29.09.2022, an appeal remedy is available before the concerned Revenue Divisional Officer.

3. In view of the above, this writ petition is dismissed with liberty to the petitioner to approach the concerned Revenue Divisional Officer and file an appeal as per G.O.Ms.No.478, dated 29.09.2022. No costs. Consequently, connected miscellaneous petition is closed. Consequently, connected miscellaneous petition is closed. 16.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To The Thasildar, Tenkasi Taluk, Tenkasi District.

3/4

B.PUGALENDHI, J.

ogy 16.08.2023 4/4