Madras High Court
P.Kamala Devi vs The District Collector on 17 August, 2023
W.P.(MD)No.19959 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.19959 of 2023
P.Kamala Devi ... Petitioner
versus
1. The District Collector,
Thoothukudi District,
Thoothukudi.
2. The Revenue Divisional Officer,
Kovilpatti Revenue Division,
Kovilpatti,
Thoothukudi District.
3. The Tahsildar,
Kovilpatti Taluk,
Thoothukudi District.
4. Vimala Devi ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for
the records relating to the impugned order in O.Mu.Aa.6/6448/2003
dated 23.06.2023 on the file of the 2nd respondent and quash the same
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W.P.(MD)No.19959 of 2023
as illegal and consequently, direct the 2nd respondent to cancel the legal
heirship certificate issued by the 3rd respondent in Pa.Mu.Aa.
1/2397/2015 dated 13.09.2015.
For Petitioner : Mr.M.Prabu
For R1 to R3 : Ms.D.Farjana Ghoushia,
Special Government Pleader
ORDER
This writ petition is filed as against the order of the second
respondent dated 23.06.2023 rejecting the petitioner's request for
cancellation of the legal heir certificate dated 13.09.2015.
2. The learned counsel appearing for the petitioner submits that
the petitioner and her sisters, namely, Rajarajeswari, Pandeeswari and
the 4th respondent are legal heirs of her father Perumal @ Muralidharan
and mother Kasthuri Bhai. Her mother Kasthuri Bhai left the
matrimonial home and is living with another person without any
marriage. Thereafter, the petitioner's father Perumal @ Muralidharan
died on 10.03.2011. The death was also registered in the Death
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W.P.(MD)No.19959 of 2023
Certificate on 11.04.2016. While so, the 4th respondent, brother of the
petitioner, has approached the 3rd respondent seeking for issuance of a
legal heir certificate stating that he is the only legal heir of Perumal @
Muralidharan. The 3rd respondent, without conducting any enquiry and
based on the application of the 4th respondent, has issued a legal heir
certificate in favour of the 4th respondent alone, by his proceedings
inPa.Mu.Aa.1/2397/2015 dated 13.09.2015. On knowing about this,
the petitioner along with her sisters, namely, Rajarajeswari,
Pandeeswari, have filed a suit before the District Munsif Court,
Kovilpatti in O.S.No.64 of 2017 and the same was allowed in their
favour by Judgment and Decree dated 08.12.2022. Based on the said
decree, the 3rd respondent has issued a fresh legal heir certificate dated
24.05.2023, by incorporating the name of the petitioner, her sisters and
also the name of 4th respondent. In view of the subsequent
development, the petitioner has approached the second respondent to
cancel the earlier legal heir certificate dated 13.09.2015 issued in
favour of the 4th respondent alone. However, the second respondent, by
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W.P.(MD)No.19959 of 2023
his proceedings O.Mu.Aa.6/6448/2003 dated 23.06.2023, rejected the
request of the petitioner. Challenging the same, the present writ
petition has been filed.
3. This Court considered the submission of the learned counsel
for the petitioner and also perused the materials available on record.
4. The petitioner's request is to cancel the earlier legal heir
certificate dated 13.09.2015, which was issued in favour of the 4th
respondent alone. Admittedly, the petitioner has approached the Civil
Court and based on the decree passed by the District Munsif Court,
Kovilpatti in O.S.No.64 of 2017 dated 08.12.2022, the 3rd respondent
has also issued another legal heir certificate on 24.05.2023 by
incorporating the names of the petitioner, her sisters and also the name
of the 4th respondent. While so, the earlier legal heir certificate which
was issued in favour of the 4th respondent alone in Pa.Mu.Aa.
1/2397/2015 dated 13.09.2015, ought to have been cancelled by the
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W.P.(MD)No.19959 of 2023
concerned authority.
5. Accordingly, this writ petition is allowed with a direction to
the second respondent/the Revenue Divisional Officer, Kovilpatti, to
verify the decree passed by the District Munsif Court, Kovilpatti in
O.S.No.64 of 2017 dated 08.12.2022 and the subsequent legal heir
certificate dated 24.05.2023 and thereafter, cancel the earlier legal heir
certificate dated 13.09.20215, which has been wrongly issued by the 3rd
respondent in favour of the 4th respondent alone. No costs.
17.08.2023
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The District Collector,
Thoothukudi District,
Thoothukudi.
2. The Revenue Divisional Officer,
Kovilpatti Revenue Division,
Kovilpatti,
Thoothukudi District.
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W.P.(MD)No.19959 of 2023
B.PUGALENDHI, J.
ogy
3. The Tahsildar,
Kovilpatti Taluk,
Thoothukudi District.
W.P.(MD)No.19959 of 2023
17.08.2023
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