P.S.Pandiyan v. The Revenue Inspector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.18869 of 2017 P.S.Pandiyan .. Petitioner Vs.

1.The Revenue Inspector, Taluk Office, Revenue Department, Manachanallur, Trichy District.

2.S.Senguttuvan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Declaration, to declare that the Legal Heir Certificate issued by the first respondent in Pa.Mu(A.5)/4541/2013 dated 10.10.2013 is illegal and consequently direct the respondent to conduct enquiry in detail to issue the proper legal heir certificate for one deceased Samivel, S/o.Periyasamy who died on 22.09.2013 at ABC Hospital, Trichy.

For Petitioner :

Mr.K.Arunraj For R1 :

Mr.R.Suresh Kumar Additional Government Pleader For R2 :

Mr.S.Thiagarajan

ORDER

The challenge in the writ petition is to the legal heirship certificate issued by the first respondent declaring the second respondent and others to be the legal heirs of one deceased Samivel.

2. The said legal heirship certificate indicates that apart from the second respondent, two other individuals have also been declared as legal heirs of the deceased Samivel. The said persons have not been impleaded as parties in the present writ petition. Further, the petitioner claims that one of the persons shown in the legal heirship certificate is a permanent resident of Canada and therefore, he cannot be a legal heir.

3. It is very unfortunate, such an objection is sought to be made by a third party to the family and for the said reason alone, I am of the view

that the petitioner does not have any locus to challenge the legal heirship certificate issued by the Revenue Authorities.

4. Mr.R.Suresh Kumar, learned Additional Government Pleader, has placed on record written instructions from the first respondent, which indicates that the legal heirship certificate has been issued after following due process of law by conducting proper enquiry with various persons. Hence, I do not find any merit in the writ petition and this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Revenue Inspector, Taluk Office, Revenue Department, Manachanallur, Trichy District.

K.KUMARESH BABU, J.

abr Dated: 20.11.2024