Disposed

Kesavan Thirumalai v. the Revenue Divisinal Officer

Madras HC26 Apr 2024WP/11393/2024

Case brief

AI extract

What is this about?

A brother's son (nephew) of a deceased person is not eligible to obtain a Legal Heirship Certificate from revenue authorities in Tamil Nadu under G.O.(Ms)Nos.478 and 110; the authorities are incompetent to issue such certificate for that relationship. The writ petition seeking certiorarified mandamus against the refusal was disposed of with liberty to approach the competent Civil Court for relief.

What did the court decide?

Liberty granted to approach the competent Civil Court; no costs.

Kesavan Thirumalai Vs the Revenue Divisinal Officer — Succession and Inheritance | Madras HC (2024)

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W.P.No.11393 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.04.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P. No.11393 of 2024

Kesavan Thirumalai

... Petitioner

Vs.

The Revenue Divisional Officer, Tambaram Taluk Office Building, Opp. To MEPZ, GST Road, Tambaram, Chennai – 600 045.

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The Tahsildhar, Pallavaram Taluk Office, Kurinji Nagar, Chrompet, Chennai – 600 044. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorarified Mandamus, to calling for the records in respect of Letter No. X/K/2408-2023-,. dated 17.11.2023 issued by the first respondent and to quash the impugned order of the first respondent and consequently direct the respondents to issue legal heir certificate to the petitioner as per the Hindu Succession Act, within stipulated time fixed by this Court and to direct the respondents.

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.11393 of 2024

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For Petitioner : Mr.S. Lakshminarayanan For R1 and R2 : Mr.U.Baranidharan Additional Government Pleader

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O R D E R

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The 'Legal Heirship Certificate' has been sought for by the brother's son

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of the deceased is not eligible to get 'Legal Heirship Certificate' from the Revenue Authorities based on Government Orders issued in G.O.(Ms)Nos.478 and 110.

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However, the petitioner is at liberty to approach the competent

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Civil Court of law for the purpose of securing relief in the manner contemplated.

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Mr.S. Lakshminarayanan, learned Counsel appearing on behalf

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of the petitioner would submit that the relationship of the petitioner with the deceased is not falling under the Government Order.

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That being the factum, the Revenue Authorities are incompetent to issue 'Legal Heirship Certificate'. Thus, the petitioner is at liberty to

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.11393 of 2024

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approach the competent Civil Court of law. Accordingly, the Writ Petition

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stands disposed of . No costs.

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26.04.2024

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Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda

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The Revenue Divisional Officer, Tambaram Taluk Office Building, Opp. To MEPZ, GST Road, Tambaram, Chennai – 600 045.

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The Tahsildhar, Pallavaram Taluk Office, Kurinji Nagar, Chrompet, Chennai – 600 044.

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Page No.3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.11393 of 2024

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S.M.SUBRAMANIAM,J.

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veda

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W.P. No.11393 of 2024

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26.04.2024 (1/2)

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Page No.4 of 4

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https://www.mhc.tn.gov.in/judis

Kesavan Thirumalai v. the Revenue Divisinal Officer

Case brief

What is this about?

What did the court decide?

Kesavan Thirumalai v. the Revenue Divisinal Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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