Arivarasupandian v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.16662 of 2025 ArivarasuPandian ... Petitioner Vs

1. The Revenue Divisional Officer, Usilampatti, Madurai (District).

2. The Thasildhar, Peraiyur Taluk Office, Peraiyur, Madurai District.

3. N.Muthu

4. Seeniyammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the respondent vide his proceeding in Moo.Mu.No. 937/2025/Aa2. dated 26.04.2025 on the file of the respondent, quash the same as 1/5

illegal and consequently, direct the respondents 1 and 2 to cancel the legal heir certificate issued by the second respondent in Pa.Mu.No.4164/2017/A2, dated 22.05.2017.

For petitioner : Mr. V.Selvakumar For respondents : Mr.C.Sathesh Government Advocate for R1 & R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Government Advocate for the respondents 1 and 2 and after dispensing with the notice on the respondents 3 and 4, as no adverse orders are proposed to be passed against the respondents 3 and 4.

2. The petitioner claims to be a nephew of Late.K.S.Perumal Theval, who died on 01.07.2015.

3. It is submitted that one Chinna Veerammal has procured a false Legal Heir Certificate as if she was the wife of Late.K.S.Perumal Theval. 2/5

4. It is further submitted that no marriage was solemnized between the petitioner's maternal uncle, namely, Late.K.S.Perumal Theval and the said Chinna Veerammal and that the said Chinna Veerammal was merely cohabiting with him without any marriage solemnized between them.

5. It is further submitted that the said Chinna Veerammal has sold a property to the respondents 3 and 4 on the strength of the aforesaid Legal Heir Certificate and therefore, the petitioner has filed an application for cancellation of the Legal Heir Certificate issued by the second respondent before the first respondent, who by an impugned order, dated 26.04.2025 bearing reference in Moo.Mu.No. 937/2025/Aa2 has rejected the same on the ground that the petitioner is neither a Class I nor a Class II heir. The order passed by the first respondent as an Appellate Authority does not merit any interference, considering the fact that the petitioner is not either a class I or a class II legal heir.

6. However, it is open for the petitioner to file an appropriate suit to declare that there was no marriage solemnized between the petitioner's maternal uncle Late.K.S.Perumal Theval, who died on 01.07.2015 and the said Chinna 3/5

Veerammal.

7. This Writ Petition is dismissed, with the above liberty. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 07.08.2025 Internet : Yes / No apd To

1. The Revenue Divisional Officer, Usilampatti, Madurai (District).

2. The Thasildhar, Peraiyur Taluk Office, Peraiyur, Madurai District.

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C.SARAVANAN, J.

apd 07.08.2025 5/5