Disposed

P. Selvam v. The District Collector

Madras HC9 Sept 2024WP(MD)/21318/2024

Case brief

AI extract

What is this about?

Writ petition challenging rejection of an application for a legal heirship certificate for the petitioner's deceased father, where no reasons were assigned. The court held that an unreasoned order affecting rights cannot stand and directed the second respondent to pass a detailed order after hearing the petitioner within one month.

What did the court decide?

Impugned rejection set aside in effect; RDO directed to pass detailed reasoned order after hearing petitioner within one month.

P. Selvam Vs The District Collector — Succession and Inheritance | Madras HC (2024)

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WP(MD). No.21318 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 09/09/2024

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CORAM

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The Hon`ble Mr.Justice N.SATHISH KUMAR

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WP(MD). No.21318 of 2024 and WMP(MD) No.18051 of 2024

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P. Selvam ... Petitioner

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The District Collector, District Collectorate Office, Madurai District..

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The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District..

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The Tahsildhar, Taluk Office, Thirumangalam, Madurai District.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 3^rd respondent in the application preferred by the petitioner vide application No.TN-720240806153 and quash the same as illegal and consequently to

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

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WP(MD). No.21318 of 2024

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direct the 3^rd respondent to issue legal heir certificate of petitioner's deceased father namely Late.Pandi S/o.Mayandithevar in the name of his mother namely Panjammal himself as Selvam and his younger brother namely Manikandan within the time stipulated by this Court.

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For Petitioner : Mr.V.Subash Chandra Bose, For Respondent : A.Kannan Additional Government Pleader

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ORDER

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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The writ petition has been filed challenging the impugned order

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of the 3^rd respondent and consequently to direct the 3^rd respondent to issue legal heir certificate of petitioner's deceased father namely Late.Pandi S/o.Mayandithevar. In and by the said impugned order, the application for legal heirship certificate has been rejected by the 3^rd respondent.

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According to the petitioner, his mother has married one

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Muniyandi in the year 1980. However, the said Muniyandi died in the

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

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WP(MD). No.21318 of 2024

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year 1984. Thereafter the petitioner's mother married one Pandi, who is none other than the brother of deceased Muniyandi and father of the petitioner herein. The petitioner's father also died on 20.06.2019. Hence, the petitioner has applied for legal heirship certificate for himself, his brother and his mother. The said certificate was rejected through the impugned order, however, no reason whatsoever was assigned by the 3^rd respondent.

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I have considered the rival submissions and perused the materials available on record.

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It is seen that the impugned order is bereft of any reason. When the impugned order affecting the rights of the petitioner is passed without assigning any reason, the same cannot be sustained. Therefore, the 2^nd respondent is directed to pass a detailed order, after giving opportunity to the petitioner in this regard. Such exercise shall be passed within a period of one month from the date of receipt of a copy of this order.

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

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WP(MD). No.21318 of 2024

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The writ petition is disposed of with the above direction. No costs.

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Consequently connected Miscellaneous Petition is closed.

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09.09.2024

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NCC : Yes/No Index : Yes/No

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The District Collector, District Collectorate Office, Madurai District..

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The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District..

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The Tahsildhar, Taluk Office, Thirumangalam, Madurai District..

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

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WP(MD). No.21318 of 2024

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N.SATHISH KUMAR,J

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ORDER IN WP(MD) No.21318 of 2024

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Date : 09/09/2024

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

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P. Selvam v. The District Collector

Case brief

What is this about?

What did the court decide?

P. Selvam v. The District Collector

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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