Madras High Court
Selvi vs The District Collector on 11 October, 2023
W.A.(MD).No.202 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.10.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.202 of 2020
Selvi .. Appellant/Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Tahsildar,
Vedasandoor Taluk Office,
Vedasandoor,
Dindigul District.
3.The Village Administrative Officer,
Kalvarpatti Village,
Vedasandoor Taluk,
Dindigul District.
4.The Revenue Inspector,
Vedasandoor Taluk Office,
Dindigul District. ..Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order passed by this Court in W.P.(MD).No.17104 of 2018
dated 03.01.2019.
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W.A.(MD).No.202 of 2020
For Appellant : Mr.K.Suresh
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The present Writ Appeal has been instituted against the order dated
03.01.2019 passed in W.P.(MD).No.17104 of 2018.
2. The appellant/petitioner submitted an application seeking legal heir
certificate, which was declined. The order passed by the Tahsildar,
Vedasandoor Taluk, Dindigul District in Na.Ka.No.5538/2018/A4 dated
22.06.2018 was under challenge in the Writ proceedings. The learned
Single Judge considered the issues on merits and made a finding that the
appellant is the second wife of the deceased Arumugam.
3. The learned counsel for the appellant made a submission that the
appellant is the only wife of the deceased Arumugam. The learned Single
Judge has gone into the merits and made a finding, which caused prejudice
to the parties.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.202 of 2020
4. Such issues relating to the legal heir certificate and the disputes
raised thereon have to be adjudicated before the competent Civil Court of
law and the Writ Court cannot conduct a roving enquiry in respect of such
disputed facts between the parties. Thus, we are of the opinion that the
findings made the learned Single Judge are beyond the scope of the power
of judicial review under Article 226 of the Constitution of India and the
parties are relegated to approach the Civil Court of law for the purpose of
resolving the issues in the manner known to law.
5. Accordingly, the order dated 03.01.2019 passed in W.P.(MD).
No.17104 of 2018 is set aside and the Writ Appeal stands allowed with
liberty to the parties to approach the competent Civil Court of law. There
shall be no order as to costs.
(S.M.S.,J.) (V.L.N.,J.)
11.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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W.A.(MD).No.202 of 2020
To
1.The District Collector,
Dindigul District,
Dindigul.
2.The Tahsildar,
Vedasandoor Taluk Office,
Vedasandoor,
Dindigul District.
3.The Village Administrative Officer,
Kalvarpatti Village,
Vedasandoor Taluk,
Dindigul District.
4.The Revenue Inspector,
Vedasandoor Taluk Office,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.202 of 2020
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).No.202 of 2020
11.10.2023
https://www.mhc.tn.gov.in/judis
