Madras High Court
Peraman M/A 66 Years vs / on 20 February, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.5735 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.02.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.5735 of 2025
& W.M.P.No.6581 of 2025
Peraman M/A 66 years, ... Petitioner
/versus/
The Tahsildar,
Omalur Taluk,
Salem District. ... Respondent
Prayer: Writ Petition is filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, to calling for the records pertaining
to the impugned order passed by the respondent dated 20.11.2024 bearing
Application No.TN720241106960 and quash the same and subsequently issue
Legal Heir Certificate to the petitioner for the death of the petitioner’s father
Kuppandigounder S/o late. Kuppannagounder.
For Petitioner : Mr.C.Deepak Kumar
For Respondent : Mr.R.Neelakandan,
Additional Advocate General,
Assisted by Mr.K.Murthy,
Government Advocate.
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https://www.mhc.tn.gov.in/judis
W.P.No.5735 of 2025
***
ORDER
The writ petition is filed challenging the impugned order dated
20.11.2024, bearing application No.TN720241106960 and quash the same and
subsequently issue Legal Heir Certificate to the petitioner for the death of the
petitioner’s father Kuppandigounder S/o late. Kuppannagounder.
2. The grievance of the petitioner is that the petitioner's father
Kuppandigounder Gounder died on 8/10/2004. The petitioner is one of the legal
heirs and particulars of the other legal heirs are also given in the affidavit filed in
support of writ petition. As per the procedure, when online application is made,
the applicants are supposed to upload the details of all the legal heirs. However,
one legal heir is not cooperating. When the Revenue Inspector conducted the
enquiry also, he was not cooperating. Therefore, the impugned order is passed
rejecting the application.
3. The Learned Counsel appearing on behalf of the petitioner would
submit that for the default of one of the legal heir alone, the very issue of legal
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heirship certificate should not be denied.
4. Per contra, Mr.R.Neelakandan, Learned Additional Advocate
General appearing on behalf of the respondent would submit that an enquiry is
conducted and even thereafter since the documents are not forthcoming, the
application stands closed. Even if re-enquiry has to be conducted, the applicants
have to make only a new application and as per the portal and the scheme of
things, even the Tahsildar or the authorities cannot reopen the same application
and pass orders thereon. When an online application is made and when for any
reason if the Court finds that the reasons are not proper and remits the matter back
for fresh enquiry, even in the online portal, appropriate provisions should be made
by duly enabling the authorities to reopen the same application and conduct the
enquiry and pass orders. It is for the appropriate agency which is giving the
digital support to the Government of Tamil Nadu to look into this matter and
forthwith create such provision to the authorities. Be that as it may, even if it is
not possible to reopen the application online, a copy of this order shall be placed
before the TN e-Government Agency or the service provider which is responsible
to do the same and on receipt of the copy of the order, they shall endeavour to
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provide the said facility to the appropriate authorities.
5. As far as this case is concerned, when one of the legal heir is not
cooperating, he cannot hold the other legal heirs for ransom. It is for the
authorities to make an enquiry and come to the conclusion as to who are all the
legal heirs and grant legal heirship certificate in accordance with the Government
Orders made in this regard. The entire application cannot be rejected for the
default of one or two of the legal heirs alone.
6. In view thereof, this Writ Petition is ordered accordingly.
(i) The impugned order dated 20.11.2024 made in Application
No.TN720241106960 shall stand set aside.
(ii) The authority shall conduct a fresh enquiry and needless to
mention that the authorities can issue notice to the petitioner as well as the other
legal heirs and come to a conclusion to their best judgment and who are all found
to be Class-I legal heirs and their names can be included in the legal heirship
certificate and legal heirs certificate can be issued and uploaded.
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(iii) As contained supra, upon production of the copy of this order
before the appropriate service provider, the appropriate service provider shall
enable the Tahsildar or the concerned authorities throughout the State, whenever
the application is remitted back by the Court of law, there must be a provision for
them to reopen the application by entering into with the column that there is a
Court Order and thereafter, to conduct enquiry and upload fresh orders. The said
exercise shall also be completed within a period of 16 weeks from date of receipt
of web copy of the order without waiting for the certified copy of this order.
(iv) As far as this particular case is concerned, even if it is not
possible to reopen the application in online portal, the same shall be done in
physical mode and appropriate entries may be made later. The exercise of
disposing of the present application shall be completed within a period of 12
weeks by the respondents.
(v) The Secretary, Department of Revenue and Disaster Management
and the Commissioner of Revenue Administration shall also appropriately instruct
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the service providers to enable the service provider in carrying out the aforesaid
exercise.
(vi) It can also be seen that whenever the application is rejected, in
the online portal, a reason is mentioned which normally runs to one sentence or
half a sentence, which is not very clear also. Therefore, when the authorities pass
order, the said order itself can be uploaded in the PDF format for the parties to
download. Such a provision shall also be made in the portal.
7. With the above directions, this Writ Petition is disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
20.02.2025
Neutral Citation : No.
bsm
To,
1. The Tahsildar, Omalur Taluk, Salem District.
2. The Government Pleader, High Court, Madras.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY, J.
bsm
20.02.2025
https://www.mhc.tn.gov.in/judis
