Dismissed¶32

M.S.Subramaniyan v. The State of Tamilnadu

Madras HC30 Jun 2025CRP(MD)/1791/2025

Case brief

AI extract

What is this about?

return of plaint; refusal to number suit; legal heirship certificate; declaration of Class II legal heir; RDO competent authority; G.O.(Ms).No.478 Revenue Department 29.09.2022; Article 227 Constitution of India; Principal District Munsif Court Madurai Town; O.S/365/2025; TNM DOA0003032025; Civil Revision Petition dismissed; liberty to approach Revenue Divisional Officer; Madurai Bench of Madras High Court; M. Dhandapani J.; civil court vs revenue authority jurisdiction over legal heirship.

What did the court decide?

Civil Revision Petition dismissed; however, liberty granted to the petitioner to approach the concerned Revenue Divisional Officer (RDO) for appropriate relief in accordance with law; no costs; notice to respondents dispensed with. ¶32

M.S.Subramaniyan Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the return docket order dated 21.04.2025 of the Principal District Munsif Court, Madurai Town, declining to number the suit (O.S/365/2025) and requiring the petitioner to approach the appropriate authority, warrants interference by this Court so as to set aside the return and direct numbering of the suit. +1 more

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Court's answer

No interference is warranted by this Court in the return order passed by the trial Court.

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Ratio / Principle

By G.O.(Ms).No.478, Revenue Department dated 29.09.2022, the Government has authorized the Revenue Authorities, particularly the Revenue Divisional Officer (RDO), to issue legal heirship certificates; accordingly, the suit filed by the petitioner being in the nature of a legal heirship declaration, the trial Court rightly returned the plaint directing the petitioner to approach the appropriate authority.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) [M. Dhandapani, J., 30.06.2025], C.R.P.(PD).(MD)No.1791 of 2025: Civil Revision Petition under Article 227 of the Constitution against the return docket order dated 21.04.2025 of the Principal District Munsif Court, Madurai Town, in TNM DOA0003032025 (Filing Number O.S/365/2025), declining to number a suit seeking declaration that the plaintiff is the Class II legal heir of the deceased M.S. Chandran. The plaint had been returned with an endorsement that, in view of G.O.(Ms).No.478, Revenue Department dated 29.09.2022, the appropriate forum for a legal heirship certificate is the Revenue Divisional Officer (RDO) and not the Civil Court. Held: the Government has authorized the Revenue Authorities, particularly the RDO, to issue legal heirship certificates under the said G.O.; the trial Court rightly returned the plaint directing the petitioner to the appropriate authority, and no interference is warranted. Petition dismissed with liberty to approach the concerned RDO; no costs; notice to respondents dispensed with.

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C.R.P.(PD).(MD)No.1791 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 30.06.2025

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CORAM

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THE HON'BLE MR. JUSTICE M.DHANDAPANI

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C.R.P.PDNo.1791 of 2025

M.S.Subramaniyan

...Petitioner

Vs.

1.The State of Tamil Nadu, Represented by the District Collector, District Collector Office,

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Madurai.

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2.The Tahsildar, Madurai South Taluk, Madurai District Collector Office Campus, Madurai-625 020.

3.Premkumar

4.Vinothkumar

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of

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India, praying to set aside the return docket order dated 21.04.2025 made in TNM DOA0003032025 (Filing Number.O.S/365/2025) on the file of the Principal District Munsif Court, Madurai Town and direct to number the same.

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For Petitioner : Mr.K.Sudalaiyandi For R-1 & R-2 : Mr.B.Saravanan,

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Additional Government Pleader

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1/5

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

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C.R.P.(PD).(MD)No.1791 of 2025

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ORDER

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This Civil Revision Petition has been filed seeking orders to set aside the return docket order dated 21.04.2025 made in TNM DOA0003032025 (Filing Number: O.S/365/2025) on the file of the Principal District Munsif Court, Madurai Town, and to direct the Court to number the suit.

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The learned counsel appearing for the petitioner would submit that the petitioner had filed a suit for declaration that he is the Class II legal heir of the deceased M.S. Chandran. However, the said suit was initially returned on 05.04.2025 for certain clarifications. After compliance with the said requirements, the petitioner re-presented the plaint along with the documents on 15.04.2025. On the second occasion, the plaint was again returned by the trial Court with an endorsement that, in view of G.O.(Ms).No.478, Revenue Department, dated 29.09.2022, the appropriate forum for seeking a legal heirship certificate is the Revenue Divisional Officer (RDO), and not the Civil Court. Challenging the said return order, the present Civil Revision Petition has been filed. The learned counsel further submits that this Court may permit the petitioner to approach the concerned RDO for appropriate relief.

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Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

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2/5

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

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C.R.P.(PD).(MD)No.1791 of 2025

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On perusal of the records and the endorsement made by the trial Court,

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it appears that the suit filed by the petitioner is in the nature of seeking a legal heirship declaration. In light of the Government Order in G.O.(Ms).No.478, Revenue Department, dated 29.09.2022, the Government has authorized the Revenue Authorities, particularly the Revenue Divisional Officer (RDO), to issue legal heirship certificates. In such circumstances, the trial Court has rightly returned the plaint, directing the petitioner to approach the appropriate authority. Hence, no interference is warranted by this Court in the return order passed by the trial Court.

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In view of the above, this Civil Revision Petition stands dismissed. However, liberty is granted to the petitioner to approach the concerned Revenue Divisional Officer (RDO) for appropriate relief in accordance with law. No costs.

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30.06.2025

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Internet:Yes/No Index:Yes/No

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TSG

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Note : Registry is directed to return the original document after retaining the copy of the same in the Court record.

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3/5

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