Madras High CourtWP(MD)/6348/2017allowed

M.Lakshmanan, v. The Revenue Divisional Officer

2024-11-13Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.5008 of 2017 1.M.Lakshmanan 2.M.Kalancheyam 3.M.Saroja 4.M.Dharman 5.M.Rajeswari .. Petitioners Vs.

1.The Revenue Divisional Officer/ Divisional Executive Magistrate, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Ramanathapuram, Ramanathapuram District.

3.Muthu Nachiyar @ Nachiyar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the

records relating impugned memo dated 24.11.2014 bearing No.O.Mu.A2/20731/2014 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to conduct an enquiry and issue legal heirs certificate in favour of the petitioners and third respondent for their deceased father viz. Muthuramalinga Thevar. For Petitioners :

Mr.R.Subburaj For R1 & R2 :

Mr.R.Suresh Kumar Additional Government Pleader For R3 :

Mr.H.Velavadhas

ORDER

The issue in this writ petition is no longer res integra and had been dealt with by a Full Bench of this Court in P.Venkatachalam and Others Vs The Tahsildar, Kumarapalayam Taluk and Others reported in (2022) 4 CTC 1, pursuant to which the Government has also issued G.O. (Ms) No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022, which was further amended by G.O.(Ms) No.110, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 13.03.2023.

2. In such view of the matter, the impugned order is set aside and the petitioners are at liberty to approach the revenue authorities by making fresh application for grant of legal heirship certificate and the same shall be considered by the revenue authorities in accordance with G.O.(Ms) No.478, dated 29.09.2022, as amended by G.O.(Ms) No.110, dated 13.03.2023.

3. With the aforesaid liberty, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Revenue Divisional Officer/ Divisional Executive Magistrate, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Ramanathapuram, Ramanathapuram District.

K.KUMARESH BABU, J.

abr Dated: 13.11.2024