The High Court of Madras issued a Writ of Mandamus directing the District Revenue Officer to consider representations seeking cancellation of a 2005 legal heirship certificate and pass final orders within 12 weeks.
Direction to the first respondent to consider and pass final orders on the petitioners' representations within 12 weeks.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.1079 of 2021
and W.M.P.No.1201 of 2021
1.P.Vivekanandan
2.A.Kalyanasundaram ... Petitioners
Vs.
1.The District Revenue Officer,
Kancheepuram District Collector Office,
Kancheeepuram District.
2.V.Neelakandan
3.Mrs.Gowri
4.Mrs.Santhi
5.Mrs.Anna Pusanam
6.Mr.Ruthramoorthy
7.Mrs.Renuka
8.Mr.Purushothaman
9.Ms.Kavitha ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 1 st respondent to consider and pass orders on the petitioners' representations dated 21.09.2020 and 12.10.2020 within a stipulated time fixed by this Court.
For Petitioners : Ms.A.sumathy
For Respondents : Mr.K.Parameshwaran for R1 Government Advocate
O R D E R
This writ petition has been filed seeking for a direction to the first respondent to consider and pass orders on the petitioners' representations dated 21.09.2020 and 12.10.2020 within a time frame to be fixed by this Court.
2.The petitioners have given the aforesaid representations to the first respondent to cancel the legal heirship certificate dated 20.04.2006 issued for Vaithi who died on 10.05.1976.
According to the petitioners, based on fabricated documents, the respondents 2 to 9 have obtained the legal heirship certificate for Vaithi under the impugned order. The petitioner has given representations on 21.09.2020 and 12.10.2020 seeking for cancellation of the legal heirship certificate. Since the representations have not been considered, this writ petition has been filed.
3.Heard Ms.A.Sumathy, learned counsel for the petitioners and Mr.K.Parameshwaran, learned Government Advocate for the first respondent.
4.On instructions, Mr.K.Parameshwaran, learned Government Advocate for the first respondent would submit that the petitioners representations dated 21.09.2020 and 12.10.2020 are being considered by the first respondent and the next date of enquiry is scheduled to take place on 03.03.2021 at 3.00 P.M.
5.It is also submitted by the learned Government Advocate appearing for the first respondent that only after hearing the petitioners as well as the respondents 2 to 9, the first respondent will pass final orders on the petitioners representations dated 21.09.2020 and 12.10.2020.
6.After recording the submission made by the respective counsels, this Court directs the first respondent to consider and pass final orders on the petitioners representations dated 21.09.2020 and 12.10.2020 seeking for cancellation of legal heirship certificate issued for Vaithi on 20.04.2006 on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
7.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
pam
To
The District Revenue Officer, Kancheepuram District Collector Office, Kancheeepuram District.
+1cc to Mr.A.Sumathy, Advocate, S.R.No. 8177
W.P.No.1079 of 2021
AD(CO) GN(16/02/2021)
2 issues framed by the court
Whether the District Revenue Officer should be directed to consider representations seeking cancellation of a legal heirship certificate.
Whether a time-bound order is to be issued for disposal of said representations on merits.
P.Vivekanandan
A.Kalyanasundaram
The District Revenue Officer, Kancheepuram
V.Neelakandan
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
