Madras High CourtWP(MD)/21504/2019disposed of

M.Arjunan v. The Revenue Divisional Officer

2019-10-14Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD)No.21504 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.21504 of 2019 and W.M.P.(MD)No.18163 of 2019 M.Arjunan : Petitioner Vs.

1.The Revenue Divisional Officer, Madurai, Madurai District.

2.The Tahsildar, Vadipatti, Madurai, Madurai District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the undated online copy of the impugned order passed by the second respondent in Application Number TN-720190627562 as illegal, quash the same and consequently, direct the respondents to issue the legal heirs certificate to the petitioner and pass other necessary and just orders as may be deemed fit and proper in the circumstances of the case. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.M.Rajarajan, Government Advocate

ORDER

The Tahsildar refused to grant legal heir certificate on the ground that one of the persons shown as a dead person by the petitioner is alive. A direction was given to the petitioner to produce the Death Certificate and the Legal Heir Certificate of the said Marimuthu. Since it was not produced, petitioner's application was rejected. Aggrieved over the same, the petitioner is before this Court.

2. When the matter is take up for admission, the learned counsel appearing for the petitioner would submit that on the basis of Circular No.9/2019 Rc.No.RA.5(3)/180/2017, issued by the Additional Chief Secretary/Commissioner of Revenue Administration, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.21504 of 2019 dated 24.09.2019, the petitioner has to get appropriate orders from the competent Civil Court. Therefore, he seeks liberty to approach the Civil Court.

3. Accordingly, the Writ Petition is disposed of with liberty to the petitioner to approach the Civil Court concerned to get appropriate orders. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Madurai, Madurai District.

2.The Tahsildar, Vadipatti, Madurai, Madurai District.

+1 CC to M/s.GP ( SR-91900[F] dated 15/10/2019 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-92164[F] dated 16/10/2019 ) Order made in W.P.(MD)No.21504 of 2019 Dated: 14.10.2019 JM/30.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2