Madras High Court
D.Pathmavathy vs V.Ramajegadeesan ...1St on 21 September, 2022
WA(MD)No.740 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.A.(MD)No.740 of 2012
and
M.P.(MD)No.3 of 2012
& C.M.P.(MD)No.10065 of 2018
D.Pathmavathy ... Appellant/ 3rd party
/Vs./
1.V.Ramajegadeesan ...1st Respondent/Petitioner
2.The District Collector,
Virudhunagar District.
3.The Assistant Director of Rural Development,
Virudhunagar District.
4.The Block Development Officer,
Srivillipuithur Panchayat Union,
Srivillipuithur.
5.The President, Swaminathapuram Panchayat,
Srivillipuithur Panchayat Union,
Keela Rajagularaman Post,
Rajapalayam (Via),
Virudhunagar District. ... Respondents/ Respondents
Page 1 of 6
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WA(MD)No.740 of 2012
PRAYER: Appeal filed under Clause 15 of the Letters Patent, praying this
Court, to allow this writ appeal and set aside the order passed on 01.08.2012
in WP(MD)No.10312 of 2012 and dismiss the writ petition.
For Appellant : Mr.N.Dilipkumar
for M/s.M.O.Thevan Kumar
For Respondents : Mr.Muthugeethayan (For R1)
Mr.D.Sasikumar
Additional Government Pleader (For R2 to R4)
JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This Writ Appeal has been filed against the order passed by the
learned Single Judge of this Court on 01.08.2012, wherein the parties were
relegated to the competent Court to agitate their rights.
2.When the Writ Appeal is taken up for hearing today, it is brought to
our notice that the first respondent / writ petitioner, died in the year 2014
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WA(MD)No.740 of 2012
and his wife also subsequently died in the year 2019. The writ petitioner
did not have any issues. In view of the same, there seems to be a rival claim
between Class – II heirs.
3.In view of the above, the appropriate forum for the parties to agitate
will be only the Civil Court and this Court cannot exercise its writ
jurisdiction to deal with the inter se civil dispute between Class – II heirs.
4.This Court leaves all the issues open to be agitated by the parties
before the Civil Court. Except this liberty, no further orders are required to
be passed in this Writ Appeal.
5.It is also brought to our notice that the Legal Heir Certificate was
issued by the Tahsildar in favour of the appellant and the same has been put
to challenge in WP(MD)No.19311 of 2022 and the same is pending and
interim orders have also been granted by this Court. We do not propose to
go into the issue of grant of Legal Heir Certificate by the Tahsildar in this
Writ Appeal.
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WA(MD)No.740 of 2012
6.In view of the above, this Writ Appeal is closed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
(J.N.B.,J.) (N.A.V.,J.)
21.09.2022
Index : Yes/No
Internet : Yes
sm
https://www.mhc.tn.gov.in/judis
WA(MD)No.740 of 2012
To:
1.The District Collector,
Virudhunagar District.
2.The Assistant Director of Rural Development,
Virudhunagar District.
3.The Block Development Officer,
Srivillipuithur Panchayat Union,
Srivillipuithur.
4.The President, Swaminathapuram Panchayat,
Srivillipuithur Panchayat Union,
Keela Rajagularaman Post,
Rajapalayam (Via),
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
WA(MD)No.740 of 2012
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
sm
Judgment made in
W.A.(MD)No.740 of 2012
Dated
21.09.2022
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