The Madras High Court dismissed a writ petition filed by legal heirs challenging a 2006 legal heir certificate obtained by others. The Court held that the 14-year delay without explanation was not sustainable, directing parties to seek remedies under civil law.
Writ petition dismissed; petitioners directed to approach competent Civil Court.
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 : 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.2964 of 2020
Vs.
India to issue a Writ of Mandamus directing the 1st respondent herein to consider the petitioners' representation dated 12.11.2019, submitted with request to conduct enquiry and cancel the legal heir certificate of Chellan, which was issued by 4th respondent and issue afresh legal heir certificate including the petitioners' name as his legal heir of Chellan.
For Petitioners : Mr.P.Murali
For Respondents : Mr.A.Anandan, GA, for R1 to R4
O R D E R
The petitioners have filed this writ petition seeking issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioners' representation dated 12.11.2019 and cancel the legal heir certificate of Chellan, issued by 4th respondent and issue a fresh legal heir certificate by including the petitioners' name.
2.The case of the petitioners is that, their maternal grandfather one Chellan owned properties comprised in S.Nos.80/4, 81/2, 129/3C, 33, 31/1B and 31/1C, measuring various extent of lands, situated at Vasuvasamuthiram and Vayalur Village. The petitioners' mother, one Saroja and the respondents 5 to 8 herein are the legal heirs of said Chellan. Whileso, the petitioners' grandfather, said Chellan died on 25.06.1993 and after his demise , the respondents 5 to 8 and said Saroja/ mother of the petitioners were in complete possession and enjoyment of the above said properties. Thereafter, the petitioners' mother also passed away, leaving behind the petitioners herein as her legal heirs. While such being the case, the respondents 5 to 8 herein have obtained Legal heir certificate in June 2006, vide proceedings of the 4th respondent in Pa.Mu.2783/06/Aa2, without including the name of the petitioners or the name of their mother, said Saroja. After obtaining the legal heir certificate, the respondents 5 to 8 have also sold some of the above disputed properties to third parties without the knowledge of the petitioners. Immediately after knowing the same, the petitioners made a representation dated 12.11.2019 before the respondents 1 to 4, however, till date, no orders have been passed on the same. Hence, the present Writ petition is filed.
3.Though very many grounds have been raised, learned counsel for the petitioners submitted that, it would suffice if this Court issues direction to the 1st respondent to consider the petitioners' representation dated 12.11.2019 and cancel the legal heir certificate of Chellan, issued by 4th respondent in June 2006, vide proceedings in Pa.Mu.2783/06/Aa2 and issue a fresh legal heir certificate by including the name of the petitioners.
4.Learned Government Advocate appearing on behalf of the official respondents submitted that, the legal heir certificate was issued by 4th respondent, vide proceedings dated Nil.06.2006 in Pa.Mu.2783/06/Aa2 and the petitioners have filed this Writ petition in the year 2020, after a lapse of 14 years, which is not sustainable. Hence, he prayed for dismissal of the present Writ petition.
5.Heard the arguments advanced on either side.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
skt
To
+1cc to Mr.P.Murali, Advocate, S.R.No.29929
W.P.No.2964 of 2020
VG-II(CO)
RGA(01/06/2022)
2 issues framed by the court
Whether delay of 14 years in filing a writ petition challenging an illegal heir certificate constitutes sufficient cause to dismiss the writ.
Whether the writ court should issue a mandatory direction to cancel an existing heir certificate and include excluded heirs.
C.Saravanan
C.Kailasam
C.Vedhavalli
District Collector, Chengalpattu District
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
