G.Usha v. The State of Tamil Nadu

ORDER This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 and 2 to initiate action against the respondents 5 and 6 for not following proper procedure before issuing the Legal Heirship Certificate in favour of the respondents 7 to 15.

¶2Heard Mr.P.M.Vishnuvarthanan, learned counsel for the petitioner, Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents 1 and 6 and Mr.R.Sivakumar, learned Government Advocate (Criminal side) for the respondents 2 to 4.

¶3The case of the petitioner is that the seventh respondent namely, Pandi Arasi was married to late Gothandaraman and through the marriage, there were nine children. The father of the petitioner owned several properties, both movable and immovable. He died on 21.03.2017. The grievance of the petitioner is that the respondents 7 to 15 managed to get a Legal Heirship Certificate from the sixth respondent, by suppressing the name of the petitioner. Therefore, the petitioner gave a criminal complaint and pursuant to the orders passed by the learned Judicial Magistrate, Srivaikundam, under Section 156(3) Cr.P.C., an F.I.R. came to be registered in Crime No.114 of 2019 against the respondents 7 to 15 and others for the offences under Sections 196, 198, 120-B, 405, 420 and 109 I.P.C. The petitioner also wanted action to be initiated against the respondents 5 and 6, for having given the Legal Heirship Certificate without making any proper enquiry. Since the same was not acted upon, the present Writ Petition has been filed before this Court.

¶4In the considered view of this Court, it will suffice if a direction is given to the fifth respondent to consider the objections given against the Legal Heirship Certificate, that was issued through the proceedings, dated

02.03.2019. If ultimately, the Legal Heirship Certificate has been granted without adding the name of the petitioner, the same can be set right by passing appropriate orders. This will sufficiently take care of the grievance expressed by the petitioner.

¶5In view of the above, there shall be a direction to the petitioner to submit a fresh application before the Revenue Divisional Officer, Tiruchendur, seeking for cancellation of the Legal Heirship Certificate issued through the proceedings, dated 02.03.2019, by the Tahsildar, Tiruchendur Taluk. On receipt of the same, the Revenue Divisional Officer, shall conduct an enquiry after issuing notice to all the interested parties and the final order shall be passed within a period of six weeks from the date of receipt of the representation from the petitioner. While making the representation, a copy of this order shall also be annexed along with the representation.

¶6This Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes/No

05.10.2023 Index : Yes/No smn2 To

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police (Circle), Alwar Thirunagari Police Station, Thoothukudi District.

4.The Sub-Inspector of Police, Kurumbur Police Station, Thoothukudi District.

5.The Tahsildar, Tiruchendur Taluk, Thoothukudi District. W.P.(MD)No.15592oofo2020 N.ANANDoVENKATESH,ooJ. smn2 W.P.(MD)oNo.15592oofo2020 and W.M.P.(MD)Nos.13091oando13092oofo2020

05.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023 CORAM THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)Nos.13091 and 13092 of 2020 G.Usha .. Petitioner Versus 1.The State of Tamil Nadu Rep by District Collector, Thoothukudi District, Thoothukudi. 2.The Superintendent of Police, Thoothukudi District, Thoothukudi. 3.The Inspector of Police (Circle), Alwar Thirunagari Police Station, Thoothukudi District. 4.The Sub-Inspector of Police, Kurumbur Police Station, Thoothukudi District. 5.Dhanapriya, D/o.Not Known, Revenue Divisional Officer, Tiruchendur, Thoothukudi District. 6.The Tahsildar, Tiruchendur Taluk, Thoothukudi District. 7.Pandi Asari, W/o.Late.Gothandaraman 8.Baskar, S/o.Late.Gothandaraman 9.Vijayashankar, S/o.Late.Gothandaraman 10.Prabhakaran, S/o.Late.Gothandaraman 11.Sivakumar, S/o.Late.Gothandaraman 12.Yogaraj, S/o.Late.Gothandaraman 13.Nithyanantham, S/o.Late.Gothandaraman 14.Nisha, D/o.Late.Gothandaraman 15.Suresh, S/o.Late.Gothandaraman .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take appropriate action against the respondents 5 and 6 for not following the procedure before issuing the legal heirship certificate in proceedings No.Pa.Mu.No.A4/10687/2017 dated 02.03.2019 on the basis of the petitioner's representation dated 06.10.2020. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 and R6 : Mr.K.S.Selvaganesan Additional Government Pleader For R2 to R4 : Mr.R.Sivakumar Government Advocate (Criminal side)