Petitioners sought inclusion of their names as legal heirs in a legal heir certificate, challenging the Revenue Divisional Officer's order by writ. The Court relegated them to the appeal and revision remedies under clause (7) of G.O.Ms.No.478 dated 29.09.2022 and closed the petition with liberty, impleading the District Revenue Officer suo motu.
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.
2024:MHC:2472
W.P.No.7080 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.7080 of 2024
and
W.M.P.Nos. 7910 & 7911 of 2024
.. Petitioners
vs
(R5 suo-moto impleaded vide this order dated 25.06.2024)
.. Respondents
1/5
W.P.No.7080 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records contained in Order dated 23.11.2023 Na.Ka.No.A3/3859/2023 issued by the 1st respondent to the petitioners and to quash the same as arbitrary, illegal and unjust, and to consequently direct the 1st respondent to include the names of Mrs.Geetha R., Mrs.Priyadarshini R., and Mr.Balachandran R. as the legal heirs of Late Mr.Ramamurthi R in the legal heir certificate bearing No. TN-7202011041279 dated 27.11.2020.
For Petitioner : Ms.Ashwini Vaidialingam
For Respondents : Mr.M.R.Gokul Krishnan(R1 & R2) Additional Government Pleader Ms.R.Abirami (R3 & R4)
ORDER
The petitioners challenge an order in Na.Ka.No.A3/3859/2023
dated 23.11.2023 passed by the Revenue Divisional Officer, South Chennai Division, Chennai/R1 on the ground that it ought to have included their names as the legal heirs of late Mr.Ramamurthi.R in legal heir certificate bearing No. TN-7202011041279 dated 27.11.2020.
petitioners, Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for the official respondents/R1 and R2 and Ms.R.Abirami,
learned counsel for the private respondents/R3 and R4.
2/5
W.P.No.7080 of 2024
it may, the averments contained in the writ affidavit indicate the presence of several factual matters that would have to be addressed and clarifications obtained.
way of the present writ petition, I would relegate the petitioners to alternate and revisional remedy provided under clause (7) to Annexure to G.O.Ms.No.478, Revenue & Disaster Management, Revenue Administration Wing, RA-3(2) Section dated 29.09.2022.
may be filed within a period of one year from date of the offending order, either rejecting or allowing the application for legal heir ship certificate before the concerned Revenue Divisional Officer and a further revision is provided under clause 7(2) before the District Revenue Officer (DRO). In the present case, the impugned order has been passed by the Revenue Divisional Officer and the DRO has not been arrayed as an party.
W.P.No.7080 of 2024
relegated to appellate remedy, this writ petition is closed granting such
liberty. No costs. Original order to be returned to the petitioner.
25.06.2024
Index:Yes/No Neutral Citation:Yes Speaking Order:Yes mpl Note:(i) Registry is directed to return the original
order to the petitioner under due acknowlegment.
(ii) Registry is directed to carry out the necessary
amendments in the cause-title.
To
4/5
W.P.No.7080 of 2024
DR. ANITA SUMANTH,J.
mpl
W.P.No.7080 of 2024
25.06.2024
5/5
1 issue framed by the court
Should the writ petition be entertained challenging the RDO's order on legal heir certificate, or should petitioners be relegated to appellate/revisional remedy under G.O.Ms.No.478?
1 provisions across 1 enactments
Balachandran R.
Priyadarshini R.
Geetha R.
The Revenue Divisional Officer, South Chennai Division
The Tahsildar, Guindy Branch
Kudiyarasi R
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
