A writ petitioner challenged an order directing them to sue in civil court for a legal heir certificate. The court quashed the order holding the Revenue Inspector was the competent authority as civil courts lack jurisdiction in this matter.
Impugned order dated 19.11.2021 quashed; respondent directed to issue legal heir certificate within two 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.3133 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3133 of 2022
C.Subramanian ...Petitioner
-Vs -
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to an impugned order passed by the first respondent bearing Na.Ka.A6/4748/2021 dated 19.11.2021 and quash the same and consequently by directing the first respondent to issue legal heir ship certificate to the petitioner.
For Petitioner : Mr.N.Ponraj
For Respondents For R1 : Mr.E.Vijay Anand Additional Government Pleader For R2 : No appearance
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ORDER
This writ petition has been filed challenging the order passed by the first respondent dated 19.11.2021, thereby directed the petitioner to approach civil Court to get legal heir certificate of his deceased father.
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Court. Hence, the petitioner filed the present writ petition with the above prayer.
for legal heir certificate of his father. Further, the petitioner produced his brother's death certificate. Even then, the first respondent directed the petitioner to produce legal heir certificate of his brother. The death certificate or legal heir certificate of the petitioner's brother nothing to do with the application seeking legal heir certificate of the petitioner's father. That apart, the civil Court has no jurisdiction to issue legal heir certificate and the authority concerned is the first respondent herein for issuance of legal heir certificate. Therefore, the impugned order cannot be sustained and the same is liable to be dismissed.
first respondent bearing Na.Ka.A6/4748/2021, is hereby quashed. The first respondent is directed to issue legal heir certificate to the petitioner
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on the demise of his father within a period of two weeks from the date of
receipt of a copy of this Order.
There shall be no orders as to costs.
03.06.2024
Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No
rts
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To
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W.P.No.3133 of 2022
G.K.ILANTHIRAIYAN. J,
rts
W.P.No.3133 of 2022
03.06.2024
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1 issue framed by the court
Whether the impugned order directing the petitioner to approach the civil court for a legal heir certificate rather than the Revenue officer is maintainable.
1 provisions across 1 enactments
C.Subramanian
The Thasildar, Taluk Office, Kunnam Taluk, Perambalur District
P.Natarajan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
