Saraswathy Johnson vs The Revenue Divisional Officer
2021 Latest Caselaw 1516 Mad

                                                                               W.A.No.34 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:     22.01.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                          AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                 W.A.No.34 of 2021

                     Saraswathy Johnson,
                     Executive Director,
                     VRTC for Blind, Habowal Road,
                     Opp/Kitchulu Nagar,
                     Ludhiana, Punjab.                                  ...   Appellant


                                                    Vs.


                     1.The Revenue Divisional Officer,
                       Tambaram, Chennai – 600 045.

                     2.The Tahsildar,
                       Tambaram, Chennai – 600 045.

                     3.E.Samuel Babu Jayakumar
                     4.Christudoss Premkumar                            ...   Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 01.9.2020 made in W.P.No.6731 of 2017.




                     __________
                     Page 1 of 5


https://www.mhc.tn.gov.in/judis/
                                                                                  W.A.No.34 of 2021



                                      For Appellant            : Mr.M.Velmurugan

                                      For Respondents          : Mr.K.S.Suresh
                                                                 Government Advocate
                                                                 for respondent Nos.1 and 2




                                                         JUDGMENT

(Delivered by The Hon'ble Chief Justice)

The appeal is directed against an order of September 1, 2020

passed on a petition under Article 226 of the Constitution lodged by

the third respondent to the proceedings.

2. There is a dispute between the writ petitioners and the

appellant herein. The writ petitioners claim to be the heirs through the

first wife of one Edward Martin Johnson. The appellant herein claims

to be the legally married wife of the said Edward Martin Johnson. The

appellant has obtained a legal heirship certificate dated October 10,

2005 and has purported to deal with some of the properties standing

in the name of the deceased.

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3. Upon noticing the nature of the disputes between the principal

dramatis personae, the writ Court was pleased to relegate the matter

to a civil Court. In addition, since the appellant herein purported to

steal a march on the basis of the legal heir certificate, such certificate

was kept in abeyance or cancelled.

4. The appellant submits that even if the principal issue between

the private parties has been rightly relegated to a suit, the legal heir

certificate ought not to have been cancelled.

5. Since the relevant certificate, if left outstanding, would permit

the appellant herein to deal with the properties of the deceased even

before any suit which may be instituted by the private respondents

herein may be heard or decreed, the approach of the writ Court cannot

be faulted. There does not appear to be any infirmity in the order

impugned.

6. Accordingly, W.A.No.34 of 2021 is dismissed. There will be no

order as to costs. It is recorded that the appellant says that the

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https://www.mhc.tn.gov.in/judis/ W.A.No.34 of 2021

private respondents have already approached the civil Court.

Consequently, C.M.P.No.445 of 2021 is closed.

                                                                    (S.B., CJ.)      (S.K.R., J.)
                                                                              22.01.2021

                     Index : No
                     bbr

                     To

1.The Revenue Divisional Officer, Tambaram, Chennai – 600 045.

2.The Tahsildar, Tambaram, Chennai – 600 045.

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https://www.mhc.tn.gov.in/judis/ W.A.No.34 of 2021

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

bbr

W.A.No.34 of 2021

22.01.2021

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