Appellant sought a legal heir certificate for his brother missing for 22 years; his civil suit on the same question had been dismissed. The Division Bench held that only if he gets the decree set aside on appeal can he approach the authorities again.
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.A(MD) No.2120 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD) No.2120 of 2025
R.Kannan
... Appellant / Petitioner
Vs.
3.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District. ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed by this Court in W.P.(MD)No. 15887 of 2025, dated 13.06.2025 and thereby allow this writ appeal.
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W.A(MD) No.2120 of 2025
For Appellants : Mr.G.Gomathisankar For Respondents : Mr.N.Ramesh Arumugam Government Advocate
JUDGMENT
( Judgment of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
the revenue authorities to issue him legal heir certificate certifying that he is the class II legal heir of his brother Ramasamy. According to the appellant, his brother Ramasamy went abroad and has not been heard for the last 22 years. The learned single Judge was right in dismissing the writ petition vide order dated 13.06.2025 because the appellant herein had already invoked the jurisdiction of the Civil Court by filing O.S.No. 104 of 2019 on the file of the District Munsif Court, Manamadurai. The suit was dismissed on merits on 17.12.2024. When the Civil Court had ruled against the appellant, the revenue authority cannot give a contra certificate in his favour. The only remedy open to the appellant is to move the first appellate Court and get the suit itself withdrawn. Only in 2/4
W.A(MD) No.2120 of 2025
such event, the decree dated 17.12.2024 in O.S.No.104 of 2019 will be
effaced. Thereafter, the appellant can move the revenue authorities once
again by relying on the Judgment of this Court reported in 2024 (5) CTC
99 (R.Janaki Vs. Tahsildar ) .
(G.R.S., J.) (K.R.S., J.) 01.08.2025
Index : Yes / No Internet : Yes / No NCC : Yes / No rmi
To
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W.A(MD) No.2120 of 2025
G.R.SWAMINATHAN, J. AND K.RAJASEKAR, J.
rmi
W.A(MD) No.2120 of 2025
01.08.2025
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1 issue framed by the court
Whether the revenue authorities can issue a legal heir certificate when a civil suit on the same issue has been dismissed against the petitioner.
Colour shows how this judgement treated each authority
R.Janaki Vs. TahsildarReferred¶2
2024 (5) CTC 99
R.Kannan
The District Collector, Sivagangai District, Sivagangai
The Revenue Divisional Officer, Sivagangai, Sivagangai District
The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District
G.R.Swaminathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
