Writ petition filed under Article 226 seeking quashing of an order rejecting an application for a legal heir certificate. The court held the petition not maintainable due to a disputed question of fact regarding heirship, directing the petitioner to approach the Civil Court.
The writ petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 13.04..2017
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P(MD)No.17867 of 2015
M.Puthiyavan Sathish
..Petitioner
Vs
...Respondents.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned communication passed by the 2nd respondent in O.Mu.A2/9126/15 and quash the same as illegal, arbitrary against the principles of nature and unconstitutional and consequently direct to the 2nd respondent to consider the petitioner's representation dated on 13.04.2015 to issue the legal heir certificate to the petitioner paternal uncle namely Murugesan @ Murugesapandian.
For Petitioner : Mr.M.M.Manivelpandian
For Respondents : Mr.M.Alagathevan,
Special Government Pleader
ORDER
The Petitioner has approached this Court seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication passed by the 2nd respondent in O.Mu.A2/9126/15 and quash the same as illegal, arbitrary against the principles of nature and unconstitutional and consequently direct to the 2nd respondent to consider the petitioner's representation dated https://hcservices.ecourts.gov.in/hcservices/ on 13.04.2015 to issue the legal heir certificate to the petitioner paternal uncle namely Murugesan @ Murugesapandian.
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4.According to the averments made in the counter affidavit, two persons including the petitioner herein have been claiming the status of the legal heirs of deceased Murugesan @ Murugesapandian and the death certificate was produced by both the persons carrying different dates.
6.In view of the same, this writ petition is dismissed as not maintainable.
No costs.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
Vilathikulam, Thoothukudi District.
https://hcservices.ecourts.gov.in/hcservices/ Kulathoor, Vilathikulam Taluk, Thoothukkudi District.
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W.P(MD)No.17867 of 2015
13.04.2017
JM/SV MMS/03.05.2017/3P/7C
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable to direct the revenue authorities to issue a legal heir certificate when there is a disputed question of fact regarding heirship.
M.Puthiyavan Sathish
The District Collector, Thoothukudi District
The Tahsildar, Vilathikulam
The Revenue Inspector, Kulathoor
Village Administrative Officer, Kulathur
V.Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
