Madras High Court
Mrs.N.Santhakumari vs The Thahsildar on 4 April, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM :
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.27266 of 2009
&
M.P.No.1 of 2009
1.Mrs.N.Santhakumari
2.Mrs.N.Rajasulochana
Mr.J.Ponnaiyan @ Ramachandran ... Petitioners
vs.
1.The Thahsildar,
Coimbatore North,
Coimbatore-641 018
2.The Revenue Divisional Officer,
Coimbatore-18
3.The Assistant Commissioner,
Coimbatore Corporation,
North Zone, Coimbatore-37
4.Mrs.Malathi @ Mala
5.Mr.R.Mohandass
6.R.Rooban ... Respondents
https://www.mhc.tn.gov.in/judis
2
Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus, to
call for the records of the first respondent in proceedings
no.Ne.Mu.21007/2007/Aa1 dated 12.12.2007, O.Mu.4455/2008/Aa1
dated 19.05.2008 and Mu.Mu.6258/2009/Aa1 dated 08.06.2009,
quash the same and further direct the first respondent to issue a
fresh legal heir certificate by considering the inclusion of the names
of the petitioners in accordance with law.
For Petitioner : Mr.P.R.Krishna Raj
For Respondents: Mr.M.Rajendran, AGP for RR1 & 2
:Mr.M.Venkadeshan for RR4 to 6
ORDER
This writ petition has been filed under Article 226 of the
Constitution of India, seeking for issuance of a Writ of Certiorarified
Mandamus, to call for the records of the first respondent in
proceedings no.Ne.Mu.21007/2007/Aa1 dated 12.12.2007,
O.Mu.4455/2008/Aa1 dated 19.05.2008 and Mu.Mu.6258/2009/Aa1
dated 08.06.2009, quash the same and further direct the first
respondent to issue a fresh legal heir certificate by considering the
inclusion of the names of the petitioners in accordance with law.
https://www.mhc.tn.gov.in/judis
2.The petitioners are the elder sisters of one
late.N.Jayachandran. After his demise, they applied for Legal
heirship Certificate. They were informed that the Tahsildar has
issued the Legalheirship Certificate dated 12.12.2007 in favour of
the fourth respondent, who is the wife of Late.Jayachandran.
According to the petitioners, they are professing Christian religion.
Legal heirship and their entitlements are different from Hindu
Succession Act. As per the Indian Succession Act, all the brothers
and sisters are also to be treated as legal heirs and the denial of
legal heirship certificate issued by the Tahsildar as per Hindu
Succession Act to a Christian had seriously impaired their rights and
benefits. Therefore, they approached the Tahsildar/the first
respondent herein for cancellation of legal heirship certificate
dated 12.12.2007. The Tahsildar, vide his proceedings in
Mu.Mu.no.6258/2009/Aa1 dated 08.06.2009 has rejected the
request of the petitioners for cancellation of legal heirship
certificate against which, they preferred an appeal before the
Revenue Divisional Officer.
https://www.mhc.tn.gov.in/judis
3.It is also relevant to note that the petitioners have filed a
suit in O.S.No.380 of 2008 on the file of the learned Subordinate
Judge, Coimbatore.
4. The learned counsel for the fourth respondent would
submit that the said suit was dismissed for default.
5. Per contra, the learned counsel for the petitioners would
contend that they have filed an application for restoration of suit in
A.No.277 of 2008.
6. Be that as it may. When there is a dispute, the Thasildar
shall direct them to approach the Civil Court, which is competent to
decide the rights of parties. On the other hand, the Tahsildar
himself has decided the legal heirship without considering the
relevant statutes and issued the legalheirship certificate on
12.12.2007. Such a course is not acceptable and the Thasildar is not
empowered to decide legal heirship, when there is a dispute. It is
however, noted that the civil litigation has been initiated and
therefore, it is apt that the Civil Court decide the legal issue.
https://www.mhc.tn.gov.in/judis
7.Considering the facts and circumstances of the case, the
legal heirship certificate issued by the first respondent dated
12.12.2007 is set aside and a further direction is issued to the first
respondent/Tahsidar to issue a legal heirship certificate as per the
decree and judgment being passed by the competent Civil Court in
O.S.No.277 of 2008, pending on the file of the learned Subordinate
Judge, Coimbatore.
8. With the above direction, this Writ Petition is disposed of.
No costs. Consequently, connected miscellaneous petition is
closed.
04.04.2022
Index : yes/no
Internet : yes/no
dn
https://www.mhc.tn.gov.in/judis
To
1.The Thahsildar,
Coimbatore North,
Coimbatore-641 018
2.The Revenue Divisional Officer,
Coimbatore-18
3.The Assistant Commissioner,
Coimbatore Corporation,
North Zone, Coimbatore-37
https://www.mhc.tn.gov.in/judis
M.GOVINDARAJ,J.
dn
W.P.No.27266 of 2009
04.04.2022
https://www.mhc.tn.gov.in/judis
