Madras High Court
R.Hepsi vs The Divisional Personal Officer on 22 June, 2021
W.A.(MD)No.263 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.263 of 2020
and
C.M.P.(MD)No.1838 of 2020
R.Hepsi : Appellant
Vs.
1.The Divisional Personal Officer
Southern Railway, Divisional Office,
Personal Branch, Madurai - 625 010.
2.The District Collector,
Sivagangai District, Sivagangai.
3.The Thasildhar,
Manamadurai Taluk,
Sivagangai District.
4.R.Papathi : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 09.07.2019, in W.P.(MD)No.4366 of
2015 and allow this Writ Appeal.
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W.A.(MD)No.263 of 2020
For Appellant : Mr.T.Pon Ramkumar
For R1 : Mr.S.Manohar
For R2 & R3 : Mr.A.K.Manickam
Standing Counsel for Government
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Pon Ramkumar, learned Counsel appearing
for the appellant, Mr.S.Manohar, learned Counsel appearing for the first
respondent and Mr.A.K.Manickam, learned Standing Counsel for
Government appearing for the respondents 2 and 3.
2.This Writ Appeal is directed against the order dated
09.07.2019, in W.P.(MD)No.4366 of 2015.
3.The appellant filed the writ petition praying for a direction to
direct the respondents 2 and 3 namely, District Collector, Sivagangai
District and the Tahsildhar, Manamadurai Taluk, Sivagangai District to
conduct an enquiry on the issuance of legal heirship certificate at the
instance of the fourth respondent, which according to the appellant has
been obtained by playing fraud. The petitioner also seeks for a further
direction to intimate the same to the Divisional Personal Officer, Southern
Railway, Divisional Office, Personal Branch, Madurai, the first respondent
therein and the first respondent should pass appropriate orders and grant
family pension as her father Late D.Rajendran, was a railway employee.
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W.A.(MD)No.263 of 2020
4.The legal heirship certificate issued by the authority is only
based upon a local enquiry. If according to the appellant, the fourth
respondent is not a legal heir, the dispute raised by the appellant cannot
be adjudicated either by the District Collector or the Tahsildar and the
legal heirship certificate is issued based on prima facie material
available. If a person objects the legal heirship certificate, then his
remedy is before the Civil Court. Therefore, the appellant is before the
wrong forum. Hence, the appellant has to necessarily approach the civil
Court. However, when the appellant approaches the civil Court, the
observations made by the learned Writ Court in the impugned order
should not prejudice her. Therefore, we vacate all the observations
rendered in the writ petition for the appellant to approach the Civil Court
to declare her status and if a suit is filed before the Civil court having
jurisdiction, the Civil court shall decide the matter based on oral and
documentary evidence placed before it and not being in any manner
influenced by the observations made by the learned Single Judge in the
writ petition.
5.Since in the interregnum, the first respondent namely
southern railway have issued a recovery notice, the appellant sought for
stay and the Division Bench by interim order dated 19.02.2020, had
granted an order of interim stay. Therefore, the stay shall continue,
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W.A.(MD)No.263 of 2020
provided the appellant files a suit within 30 days from the date of receipt
of a copy of this judgment and produce proof of filing the suit before the
first respondent in the suit. The first respondent should also be impleaded
as one of the defendants in the suit. If the appellant fails to produce proof
to show that she has filed a suit within one month from the date of receipt
of a copy of this judgment, then, it will be open to the Southern Railway
to recover the amount from the appellant.
6.Accordingly, the Writ Appeal stands disposed of. However,
there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
22.06.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.263 of 2020
To
1.The Divisional Personal Officer,
Southern Railway, Divisional Office,
Personal Branch, Madurai - 625 010.
2.The District Collector,
Sivagangai District, Sivagangai.
3.The Thasildhar,
Manamadurai Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.263 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.263 of 2020
22.06.2021
https://www.mhc.tn.gov.in/judis/
