Petitioners challenged an order refusing to cancel a registered partition deed allegedly showing their grandfather's second wife as legal heir. The Court held validity of the second marriage and heirship are matters of evidence before a civil court, not for revenue authorities, and dismissed the writ petition.
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WP(MD). No.27559 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 21/08/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.27559 of 2022
Vs
Office of Deputy Inspector General (Registration), Rajakampeeram, Y.Othakadai - 625 107, Madurai..
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WP(MD). No.27559 of 2022
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WP(MD). No.27559 of 2022
(R7 to R20 are Impleaded Vide Order dated 16.12.2022 in WMP(MD) No.22411/2022).
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 relating to the impugned order of Na.Ka. No. 8477/2022/C6 dated 23.09.2022 passed by the 1st respondent and quash the same as illegal and consequently direct the 1st respondent to cancel the forged documents on the file of 2nd and 3rd respondents.
For Petitioners : M/s. Sheik Abdullah.M, For Respondents : Mr.M.Siddharthan for R1 to R6 Additional Government Pleader Mr.P.Thiyagarajan for R18 No appearance for others Mr.Irulappa Raja for R8
ORDER
Challenge has been made to the impugned order dated 23.09.2022 of the 1st respondent.
first respondent to cancel the registered partition deed. since the petitioners have not made out a prima facie case, the first respondent has conducted enquiry and held that the complaint is not maintainable, Challenging the same, the petitioner is before this Court.
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WP(MD). No.27559 of 2022
owned by the petitioners' grandfather and their grandfather died on 26.03.1994. He had two wives, namely, Meenakshi Ammal and Sivagami. The first wife had three children and through the second wife, he had five children. The first wife died on 28.01.1994. However, in the partition deed entered between the parties, the second wife is also claimed to be the legal heir of her husband. According to the petitioners, the document is fraudulently registered and hence, it is to be cancelled.
decided by the concerned authorities, the complaint given before the authorities is misconceived. Whether the second marriage was legal or not has to be established in the manner known to law. Merely because one happened to be the second wife, it cannot be said that she is not the legal heir. Whether the marriage took place after death of first wife is a matter of evidence and it is to be established only before the competent civil Court.
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with the impugned order. Accordingly, the writ petition is dismissed.
No costs.
21.08.2024
Index : Yes/No NCC : Yes/No RR TO
Office of Tahsildar, Palani - 624 601, Dindigul District..
WP(MD). No.27559 of 2022
Office of Village Administrative Office, Palani - 624 601, Dindigul District..
N.SATHISH KUMAR,J
RR
ORDER IN WP(MD) No.27559 of 2022
Date : 21/08/2024
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1 issue framed by the court
Whether the revenue authorities could cancel a registered partition deed on allegations that the second wife was fraudulently shown as a legal heir.
1 provisions across 1 enactments
Ravikumar.S
Karthikeyan. S
Selvarani. M
The District Revenue Officer, Palani
The Joint Registrar 2, Palani
The Sub Registrar 2, Udumalaipet
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
