Lakshmi vs G.Muniraj
2023 Latest Caselaw 12123 Mad

                                                                           W.A.No.1054 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:     08.09.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1054 of 2023

                     Lakshmi                                          ..    Appellant

                                                         Vs.

                     1. G.Muniraj

                     2. The Revenue Divisional Officer
                        Central Chennai
                        Ambattur
                        Anna Nagar West Extension
                        Chennai.

                     3. The Tahsildar
                        Ayanavaram Taluk
                        Chennai.                                      ..    Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 27.03.2023 made in W.P.No.16103 of 2022.




                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1054 of 2023




                                      For the Appellant       : Mr.G.Sankaran
                                                                Senior Counsel
                                                                For Mr.M.P.Saravanan
                                      For the Respondents     : Mr.A.E.Chellaiah
                                                                Senior Counsel
                                                                For Mr.R.Prathapan

                                                                Mrs.R.Anitha
                                                                Special Government Pleader
                                                                for Respondents 2 & 3

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appellant is challenging the order passed by the learned

Single Judge allowing the writ petition filed by the first respondent

and setting aside the order passed by the revenue authority.

2. Learned Senior Counsel for the appellant submits that it

was on the directions of this Court, the Revenue Divisional Officer

has decided the matter. But, the Revenue Divisional Officer, only on

the basis of the documents, had arrived at the conclusion.

3. The learned Single Judge, without adverting to the factual

matrix, only on the basis of an exparte decree, to which the present

https://www.mhc.tn.gov.in/judis W.A.No.1054 of 2023

appellant was not a party, has set aside the order of the Revenue

Divisional Officer. The same is illegal. The revenue authority has

powers to decide and take decision regarding the heirship.

4. Learned Senior Counsel for the first respondent supports

the order of the learned Single Judge and submits that the appellant

is in no way concerned with the father of the present first

respondent.

5. The learned Single Judge has not considered the factual

matrix nor has decided the issue as to who is the legal heir. We

need not dilate on the same.

6. A decree of the civil Court in favour of the first respondent

exists today. The same, it appears, is an exparte decree, wherein,

the present appellant was not a party. The judgment of the civil

Court would bind the revenue authority and not vice versa. In case

the present appellant was not a party to the said decree, the

appellant can take steps with regard to the said decree.

https://www.mhc.tn.gov.in/judis W.A.No.1054 of 2023

7. The learned Single Judge, while passing the order, has

observed that the present appellant may work out the remedy

before the competent forum in the manner known to law. The

present appellant is not without a remedy. The present appellant

can take steps as against the decree and may file such proceedings

before the civil Court as may be permissible in law with regard to

her status, qua heirship. In that event, all contentions would be

available to the respective parties.

8. In the light of the above, we are not inclined to consider

the present appeal on merits. The writ appeal, accordingly, is

disposed of. There will be no order as to costs. Consequently,

C.M.P.No.10512 of 2023 is closed.

                                                              (S.V.G., CJ.)             (P.D.A., J.)
                                                                              08.09.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl

https://www.mhc.tn.gov.in/judis W.A.No.1054 of 2023

To

1. The Revenue Divisional Officer Central Chennai Ambattur Anna Nagar West Extension Chennai.

2. The Tahsildar Ayanavaram Taluk Chennai.

https://www.mhc.tn.gov.in/judis W.A.No.1054 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.1054 of 2023

08.09.2023

https://www.mhc.tn.gov.in/judis