Petitioners challenged a legal heirship certificate via writ petition. The Court held that disputed facts regarding heirs cannot be decided in a writ and directed parties to approach the Civil Court.
Writ petition dismissed; liberty granted to parties to approach the competent Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.7953 of 2018 and W.M.P.No.9907 of 2018
1.Mrs.Fathima
...Petitioners
(P2 Minor Son impleaded as per order dated 10/01/2020 made in WMP No.32047/2019 in WP No.7953/2018)
..Vs..
(R9 impleaded as per order dated 10/01/2020 made in WMP No.32047/2019 in WP No.7953/2018 )
PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to cancel the legal heir ship certificate dated 06.01.2014 issued by the 3rd respondent Tahsildar, Mambalam – Guindy Taluk, Chennai, based on consideration of the petitioner's representation dated 03.03.2018.
For Petitioners : Mr.S.S.Vasudevan
For Respondents : Mr.V.Nanmaran Additional Government Pleader for R1 to R3
Mr.Anirudh
for Mr.A.Sikkandar for R5 to R8
R4 – Deceased
ORDER
This writ petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to cancel the legal heir ship certificate dated 06.01.2014 issued by the 3rd respondent Tahsildar, Mambalam – Guindy Taluk, Chennai, based on consideration of the petitioner's representation dated 03.03.2018.
costs. Consequently, connected miscellaneous petition is closed. However, this Court grants liberty to the parties to approach the competent Court of law.
Sd/Assistant Registrar //True Copy//
Sub Assistant Registrar
Pns
To
1.The District Collector, O/o.The Collector of Chennai, Rajaji Salai, Chennai – 600 001. 2.The Tahsildar, Mambalam, Guindy Taluk, Chennai – 600 033. 3.The Sub Registrar, O/o.The Sub Registrar, Virugambakkam, Chennai – 600 093. 4.The Tahsildar, Alangudi Taluk, Pudukottai District – 622 301. +1cc to Mr.S.S.Vasudevan, Advocate, S.R.No.59274 +1cc to Mr.A.Sikkandar, Advocate, S.R.No.59927 +1cc to the Government Pleader, S.R.No.60025
W.P.No.7953 of 2018 and W.M.P.No.9907 of 2018
EV(CO) SB(07/12/2021)
2 issues framed by the court
Whether a writ court can decide disputed facts regarding legal heirship and inheritance.
Whether the High Court can cancel a legal heirship certificate issued by a Tahsildar in a writ petition.
1 provisions across 1 enactments
Fathima
Mohamed Kasim Raja
District Collector, Chennai
Tahsildar, Mambalam
Sub Registrar, Virugambakkam
Rasima Beevi
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
