Madras High Court
M.M.Sajitha Fathima vs The State Of Tamil Nadu on 23 August, 2023
W.A.No.2196 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2196 of 2023
M.M.Sajitha Fathima .. Appellant
Vs
1. The State of Tamil Nadu
rep. by the Secretary to Government
Department of Revenue and Disaster Management
Chennai.
2. The Tahsildar
Sholinganallur Taluk
Chennai.
3. The Village Administrative Officer
Sholinganallur Taluk
Chennai.
4. The Revenue Inspector
Sholinganallur Taluk
Chennai.
5. The Revenue Divisional Officer
Chennai South, Guindy
Chennai – 600 032.
__________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.2196 of 2023
6. The District Revenue Officer
62, Rajaji Salai
Chennai Collectorate
Chennai – 600 001.
7. The District Collector
Fourth Floor, M.Singaravelar Maaligai
62, Rajaji Salai
Chennai Collectorate
Chennai – 600 001. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 9.6.2023 passed by the learned Single Judge in W.P.No.17226
of 2023.
For the Appellant : Mr.Thriyambak J.Kannan
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.M.D.Muhilan
Addl. Government Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Thriyambak J.Kannan, learned counsel for
the appellant; and Mr.P.Muthukumar, learned State Government
Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional
__________
https://www.mhc.tn.gov.in/judis
W.A.No.2196 of 2023
Government Pleader for the respondents.
2. In fact, the present appellant had filed a writ petition
seeking directions to decide the revision preferred by her with
regard to the legal-heirship certificate. The learned Single Judge
observed that the issue involves disputed questions of fact and the
revenue authorities are not competent to decide the issue and an
alternative remedy is available with the competent civil court.
3. A civil suit is already pending with regard to the settlement
deed. Various persons are not parties to the writ petition and this
appeal. No doubt, the appellant and/or any other person claiming
to be the legal heir of the deceased can institute a civil suit and
raise all points available therein and can also invoke the provisions
of the Indian Succession Act, 1925, as may be permissible under
law. The observations of the learned Single Judge are to that effect
only.
4. As the revision is pending, the authority, where the revision
__________
https://www.mhc.tn.gov.in/judis
W.A.No.2196 of 2023
is pending, may decide the same on merits and in accordance with
law, after hearing all the parties concerned, expeditiously.
The writ appeal is disposed of accordingly. There will be no
order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
23.08.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
__________
https://www.mhc.tn.gov.in/judis
W.A.No.2196 of 2023
To
1. The Secretary to Government
State of Tamil Nadu
Department of Revenue and Disaster Management
Chennai.
2. The Tahsildar
Sholinganallur Taluk
Chennai.
3. The Village Administrative Officer
Sholinganallur Taluk
Chennai.
4. The Revenue Inspector
Sholinganallur Taluk
Chennai.
5. The Revenue Divisional Officer
Chennai South, Guindy
Chennai – 600 032.
6. The District Revenue Officer
62, Rajaji Salai
Chennai Collectorate
Chennai – 600 001.
7. The District Collector
Fourth Floor, M.Singaravelar Maaligai
62, Rajaji Salai
Chennai Collectorate
Chennai – 600 001.
__________
https://www.mhc.tn.gov.in/judis
W.A.No.2196 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.2196 of 2023
23.08.2023
__________
https://www.mhc.tn.gov.in/judis
