The High Court of Madras dismissed a writ petition challenging a lower court order rejecting cancellation of legal heirship certificates. The court held that disputes regarding heirship and pending civil suits must be resolved by the Civil Court.
Writ petition dismissed; parties directed to approach Civil Court to resolve dispute.
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: 15.04.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.9136 of 2021
(Heard Through VC)
S.Shafi Mohammed .. Petitioner
Vs.
1.The District Collector,
Chennai District,
M. Singaavelar Malligai,
Fourth Floor, No.62, Rajaji Salai,
Chennai Collectorate,
Chennai – 600 001.
2.The Revenue Divisional Officer /
Sub Collector,
Chennai North Division,
No.473, Tondiarpet High Road,
Chennai – 600 081.
3.The Tahsildar,
Perambur Taluk,
Perambur Main Road,
Perambur, Chennai – 600 011.
4.The Tahsildar,
Purasaiwakkam Taluk,
No.3, Raja Muthiah Road,
Subramania Salai,
Kannappar Thidal,
Periamet, Chennai – 600 003.
5. S.B.Wasila Banu
6. M.Abdul Hameed .. Respondents
* * *
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records of the second respondent in respect of the rejection order passed in Na.Ka.No.A2/1911/2019 dated 19.02.2020 and quash the same and
consequently direct the Respondents 1 to 4 to cancel the legal heirship certificate issued to Mrs.Wasila Banu in Ni.Mu.No.(E3)/ 25991/2009 dated 09.10.2009 and Ni.Mu.No.(E3)/13409/2012 dated 15.05.2012 by the third respondent.
For Petitioner : Ms.Anissa Chaudhary
For Respondents 1 to 4: Mr.V.Shanmugasundar Special Government Pleader
O R D E R
The writ petition has been filed challenging the rejection order passed by the second respondent in Na.Ka.No.A2/1911/2019 dated 19.02.2020 and for a consequential direction to the respondents 1 to 4 to cancel the legal heirship certificate issued to Mrs.Wasila Banu in Ni.Mu.No.(E3)/25991/2009 dated 09.10.2009 and Ni.Mu.No.(E3)/13409/2012 dated 15.05.2012 by the third respondent.
of India. Therefore the parties are directed to approach the Civil Court to resolve their dispute, in the manner known to law.
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
rsi
To
1.The District Collector,
Chennai District,
M. Singaavelar Malligai,
Fourth Floor, No.62, Rajaji Salai,
Chennai Collectorate,
Chennai – 600 001.
2.The Revenue Divisional Officer /
Sub Collector,
Chennai North Division,
No.473, Tondiarpet High Road,
Chennai – 600 081.
3.The Tahsildar,
Perambur Taluk,
Perambur Main Road,
Perambur, Chennai – 600 011.
4.The Tahsildar,
Purasaiwakkam Taluk,
No.3, Raja Muthiah Road,
Subramania Salai,
Kannappar Thidal,
Periamet, Chennai – 600 003.
W.P.No.9136 of 2021
AJB(CO)
CB(30/06/2021)
2 issues framed by the court
Whether a dispute regarding legal heirship pending in civil court can be decided by the writ court.
Whether the higher court should interfere with a departmental order rejecting cancellation of a legal heirship certificate due to pending civil litigation.
SHASHI MOHAMMAD
THE DISTRICT COLLECTOR CHENNAI DISTRICT
THE REVENUE DIVISIONAL OFFICER SUB COLLECTOR CHENNAI NORTH DIVISION
THE TAHSILDAR PERAMBUR TALUK
THE TAHSILDAR PURASAIWAKKAM TALUK
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
