Petitioner alleged his stepmother obtained a legal heirship certificate suppressing his status as son of the deceased. The State submitted the Tahsildar is competent to decide suppression claims per G.O.Ms.No.110 dated 13.10.2024. The Court directed the petitioner to file a fresh representation and the Tahsildar to pass orders in eight 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.
W.P.No.25512 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.25512 of 2022
R.Natarajan
..... Petitioner
Vs.
1.The District Collector, Namakkal, Namakkal District.
2.The District Revenue Officer, Namakkal, Namakkal District.
3.The Tahsildar, Namakkal, Namakkal District.
4.R.Pappathi 5.R.Sivakami 6.R.Jothi 7.R.Kanna
..... Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing 1 to 3 respondents to cancel the legal heirs certificate issued by the 3 rd respondent Tahsildar, Namakkal in N.Mu.14750 of 2013, dated 08.07.2013 pursuant to petitioner representation dated 29.09.2014.
For Petitioner : Mr.T.Balachandran For Respondents :Mr.R.Neelakandan Additional Advocate General Assisted by Mr.V.Ramesh for R1 to R3
O R D E R
The petitioner herein seeks a direction to the respondents 1 to 3
to cancel the legal heirship certificate issued by the 3 rd respondent in N.Mu.14750 of 2013, dated 08.07.2013 by considering the petitioner's representation dated 29.09.2014.
2. It is the case of the petitioner that his father viz., Rajagopal S/o. Aiyyamuthu Gounder died on 06.12.2012. The petitioner is the son of
said Rajagopal through his first wife. Suppressing the existence of petitioner, the second wife of petitioner's father viz., R.Pappathi obtained legal heir ship certificate, as if she and her children alone were legal heirs of 2/6
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the deceased. After acquiring knowledge about the same, the petitioner submitted a representation dated 29.09.2024 to the Revenue Divisional Officer, Namakkal, and the same has not been considered, hence the petitioner has come before this Court.
3. Mr.R.Neelakandan, learned Additional Advocate General
appearing for the respondents 1 to 3 would submit that in case of suppression of any material fact concerning the legal heirship certificate, Tahsildar is the competent authority to pass necessary order in accordance
with law. The learned Additional Advocate General relied on G.O.Ms.No.110, dated 13.10.2024 and submitted that the issuing authority
namely the 3 rd respondent himself is entitled to go into the question of suppression of material fact raised by the petitioner.
4. In view of the same, the petitioner is directed to submit a
fresh representation before the 3 rd respondent mentioning his grievance within a period of two weeks from the date of receipt of copy of this order. If any such representation is made by the petitioner, the 3 rd respondent is
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directed to consider the same and pass orders in accordance with law within
a period of eight weeks from the date of receipt of representation.
5. Accordingly, this writ petition is disposed of. No costs.
25.11.2024
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No ub
To
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1.The District Collector, Namakkal, Namakkal District.
2.The District Revenue Officer, Namakkal, Namakkal District.
3.The Tahsildar, Namakkal, Namakkal District.
S.SOUNTHAR, J.
ub
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W.P.No.25512 of 2022
25.11.2024
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1 issue framed by the court
Whether the legal heirship certificate issued by the Tahsildar suppressing the petitioner's existence as a legal heir should be cancelled.
2 provisions across 2 enactments
R.Natarajan
The District Collector, Namakkal
The District Revenue Officer, Namakkal
The Tahsildar, Namakkal
R.Pappathi
R.Sivakami
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
