J.Shanmugasundaram Vs the Commissioner of Revenue… — Writ and Judicial Review | Madras HC (2025)

J.Shanmugasundaram Vs the Commissioner of Revenue… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ of mandamus should be issued directing the Revenue Tahsildhar, Bhavani Taluk to cancel the legal heirship certificate bearing Ref.No.TN-7202308091694 dated 14.09.2023, to issue a fresh certificate to the petitioner, and to forbear the sixth respondent (Mrs.Kanchana) from misusing the existing certificate.

Court's answer

The writ petition lacks merit because the legal heirship certificate had already been challenged before the Revenue Divisional Officer (rejected 26.06.2024) and the rejection confirmed by the District Revenue Officer (03.09.2024); those orders were not put to challenge, and the petitioner merely sought a mandamus to revive the issue once again.

Ratio / Principle

The Court found no merit in the writ petition; the writ petition stands dismissed with no costs, and the connected miscellaneous petitions (W.M.P.Nos. 20061 & 20062 of 2025) are closed.

Key takeaways

After dismissal, the petitioner remains free, if so advised, to challenge the orders passed by way of appeal and revision.obiter¶39

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 of the Constitution of India filed by J.Shanmugasundaram seeking cancellation of a legal heirship certificate bearing Ref.No.TN-7202308091694 dated 14.09.2023 issued by the Revenue Tahsildhar, Bhavani Taluk, issuance of a fresh certificate in his favour, and restraint of the sixth respondent (Mrs.Kanchana) from misusing the existing certificate. The High Court of Judicature at Madras (N. Anand Venkatesh, J.) noted that the certificate had already been put to challenge before the Revenue Divisional Officer, whose rejection through proceedings dated 26.06.2024 was confirmed by the District Revenue Officer through proceedings dated 03.09.2024, and that these orders had not been put to challenge, the petitioner merely seeking a mandamus to revive the issue once again. Finding no merit, the Court dismissed the writ petition with no costs and closed the connected miscellaneous petitions, observing that the petitioner remained free, if so advised, to challenge the said orders by way of appeal and revision.

W.P.No.17814 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

W.P.No. 17814 of 2025 and

W.M.P.Nos. 20061 & 20062 of 2025

J.Shanmugasundaram

... Petitioner

Vs.

1.The Commissioner of Revenue Administration

& Disaster Management,

Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Erode District, Collectorate (PO), Erode - 638 011.

3.The District Revenue Officer, Erode District, Collectorate (PO), Erode - 638011.

4.The Revenue Divisional Officer, Cutchery Medu, Gobichettipalayam - 638 452, Erode District.

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W.P.No.17814 of 2025

5.The Revenue Tahsildhar, Main Road, Bhavani - 638001, Bhavani Taluk, Erode District.

6.Kanchana

... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Revenue Tahsildhar, Bhavani Taluk, the third respondent herein to cancel the legal heirship certificate bearing Ref.No.TN-7202308091694, dated 14.09.2023, and to issue a fresh legal heirship certificate in favour of the petitioner herein and consequently forbearing Mrs.Kanchana, the sixth respondent herein from misusing the existing legal heir certificate in any manner.

For Petitioner : M/s.Jemmy Vasanth For Respondents : Mr.R.Neelakandan Additional Advocate General assisted by Mr.K.Suresh Government Advocate for R1 to R5

O R D E R

This writ petition has been filed for issue of writ of mandamus

directing the 3rd respondent to cancel the legal heirship certificate dated 14.09.2023 and to forbear the 6th respondent from misusing the legal

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W.P.No.17814 of 2025

heirship certificate already granted.

Heard M/s.Jemmy Vasanth, learned counsel appearing on behalf of the petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.K.Suresh, learned Government Advocate appearing for the respondents 1 to 5.

It is seen from the records that already the legal heirship certificate was put to challenge before the Revenue Divisional Officer and the same was rejected through proceedings dated 26.06.2024. It was further confirmed by the District Revenue Officer through proceedings dated 03.09.2024. These orders have not been put to challenge and the petitioner has sought for a mandamus to revive the issue once again.

This Court does not find any merit in the writ petition. Accordingly, this writ petition stands dismissed . No costs. Consequently, connected miscellaneous petitions are closed.

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W.P.No.17814 of 2025

After dismissal of the writ petition, the learned counsel for the

petitioner sought for liberty to challenge the order passed by way of appeal and revision. It goes without saying that such a right is available to the petitioner, if so advised.

04.06.2025

kkn

Internet : Yes/No Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No

To:

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W.P.No.17814 of 2025

1.The Commissioner of Revenue Administration

& Disaster Management,

Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Erode District, Collectorate (PO), Erode - 638 011.

3.The District Revenue Officer, Erode District, Collectorate (PO), Erode - 638011.

4.The Revenue Divisional Officer, Cutchery Medu, Gobichettipalayam - 638 452, Erode District.

5.The Revenue Tahsildhar, Main Road, Bhavani - 638001, Bhavani Taluk, Erode District.

N.ANAND VENKATESH, J.

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W.P.No.17814 of 2025

KKN

W.P.No. 17814 of 2025

04.06.2025

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