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Madras High CourtWP(MD)/32160/2025allowed

K.Shanmugam v. The District Collector

2025-11-13Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.32160 of 2025 and W.M.P(MD).No.25294 of 2025 K.Shanmugam ..Petitioner Vs 1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, Taluk Office, Kulithalai, Karur District.

4.Murugesan 5.Kanniyammal ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned online order dated 21.02.2024 of the third respondent and quash the same as illegal and consequently direct the third respondent to issue legal heir certificate to the petitioner.

For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed to quash the impugned online order dated 21.02.2024 passed by the third respondent rejecting the petitioner's request for issuing legal heirship certificate in respect of his deceased father Karuppannan @ Karuppaiya and consequently, direct the third respondent to issue legal heir certificate to the petitioner.

2. Heard the learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3. Since no adverse order is going to be passed against the respondents 4 and 5, notice to them is dispensed with.

3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that his father had married his mother Valliammai and she had passed away on 05.08.2019. The third respondent had issued a legal heir certificate in respect of his mother, Valliammai, showing himself and his father Karuppaiya as her legal heirs.

5. Meanwhile, his father Karuppaiya passed away on 03.12.2023. While he was alive, he had neglected the petitioner and his mother and was living with one Sirumbayi, through whom, he had two children, Murugesan and Kanniammal, the fourth and fifth respondents herein. The petitioner would submit that the fourth and fifth respondents are obstructing him from obtaining the legal heirship certificate. Therefore, he had applied for legal heirship certificate via online on 21.02.2023. The said application was returned on the very same day with the following endorsement:

"The petitioner requested to submit Village Administrative Officer and Revenue Inspector field enquiry report. Hence, this certificate was returned to CSC."

6. Challenging the same, the petitioner is before this Court.

7. The learned Additional Government Pleader would submit that the petitioner's request was rejected only on the ground that the Village Administrative Officer and the Revenue Inspector's report had not been filed along with legal heirship application.

8. The Court is at a loss to understand the reason for the return, since it is for the third respondent to forward the request for the report of

the Village Administrative Officer and Revenue Inspector. The authority is attempting to shirk his responsibility by insisting that the petitioner produce these documents. Furthermore, unless the report is obtained by the third respondent, there is every possibility of manipulation. Therefore, the impugned online order passed by the third respondent dated 21.02.2024 is set aside and the matter is remitted back to the Tahsildar, Kulithalai. The Tahsildar, Kulithalai, is directed to consider afresh the petitioner's online application dated 21.02.2024 and pass order. The third respondent shall issue notice to the petitioner and other interested parties and afford them an opportunity of hearing in the event of a proposed rejection, otherwise, the third respondent shall issue a legal heirship certificate. The said exercise shall be completed within a month from the date of receipt of a copy of this order. Accordingly, this Writ Petition is allowed.

No costs. Consequently, connected Miscellaneous Petition is closed.

13.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk

To 1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, Taluk Office, Kulithalai, Karur District.

P.T.ASHA, J.

Rmk Writ Petition(MD)No.32160 of 2025 13.11.2025