Madras High Court
Vijaya vs The District Collector on 30 October, 2023
W.A.(MD)No.1865 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1865 of 2023
and
C.M.P.(MD)No.14258 of 2023
Vijaya ... Appellant
Vs.
1.The District Collector,
Virudhunagar District, Virudhunagar.
2.The Tahsildar,
Aruppukkottai Taluk, Virudhunagar District.
3.The Tahsildar,
Vilathikulam Taluk, Tuticorin District.
4.Hariharan
5.Paulraj
6.Purushothaman
7.Balasubramanian ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.12665 of 2022, dated 10.05.2023 on the file of
this Court.
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1865 of 2023
For Appellant : Mr.H.Arumugam
For R1 to R3 : Mr.N.S.Karthikeyan,
Additional Government Pleader
For R4 : Mr.V.Meenakshi Sundaram
For Mr.T.Palanisamy
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The present intra-Court appeal has been instituted challenging the order
dated 10.05.2023 passed in W.P.(MD)No.12665 of 2022.
2.The appellant is the writ petitioner, instituted the Writ proceedings to
quash the legal heir certificate bearing No.TN-7202111271045, dated 12.12.2021
issued by the Tahsildar, Aruppukottai Taluk, Virudhunagar District / 2nd
respondent.
3.The learned Single Judge took note of the fact that civil litigations are
pending between the parties before the competent civil Court of law and in the
absence of any elaborate adjudication of disputes of civil in nature, the High Court
under Article 226 of Constitution of India cannot interfere with the legal heir
certificate issued by the authorities competent.
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W.A.(MD)No.1865 of 2023
4.It is brought to our notice that criminal case was also instituted, which
is pending before this Court. Since the disputed facts between the parties are to be
resolved by conducting full fledged trial in a civil suit instituted, we are not
inclined to interfere with the order passed by the learned Single Judge, which is
well considered with reference to the facts stated. However, a balanced approach
is required in such circumstances and no party shall be allowed to take undue
advantage of the legal heir certificate issued by the revenue authorities, which is in
dispute.
5.Thus, we are inclined to keep the legal heir certificate issued by the 2nd
respondent bearing No.TN-7202111271045, dated 12.12.2021 in abeyance, till
such time, the civil disputes are resolved between the parties through competent
civil Court of law. After reaching finality in the civil disputes, either of the parties
are at liberty to approach the revenue authorities for issuance of legal heir
certificate in the manner contemplated. In all other respects, we do not find any
infirmity in respect of the findings made by the learned Single Judge.
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W.A.(MD)No.1865 of 2023
6.Accordingly, this Writ Appeal stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
30.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The District Collector,
Virudhunagar District, Virudhunagar.
2.The Tahsildar,
Aruppukkottai Taluk, Virudhunagar District.
3.The Tahsildar,
Vilathikulam Taluk, Tuticorin District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1865 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1865 of 2023
30.10.2023
https://www.mhc.tn.gov.in/judis
