Madras High Court
A.Boopathy vs The District Collector on 22 June, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.28940 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.28940 of 2014
and
M.P.No.1 of 2014
A.Boopathy . . . Petitioner
Vs.
1. The District Collector,
Kancheepuram district,
Kancheepuram.
2. The Revenue Divisional Officer,
Chengleput Division,
Chengleput.
3. The Tahsildar,
Chengleput Taluk,
Chengleput.
4. The Executive Officer,
Nandivaram Guduvancheri Town Panchayat,
Kancheepuram District.
5. R.Kuppusami Mudaliar,
6. K.Ramasamy Mudaliar,
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.28940 of 2014
7. K.Bhuvaneshwari,
8. K. Manjula
(R5 to R8 impleaded as per order dated
26.11.2014 by VRSJ in M.P.No. 2 of 2014) . . . Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
to issue a writ or order in the nature of writ of Certiorari to call for the
records in the impugned order of the Revenue Divisional Officer,
Chengleput Division, Chengleput, the second respondent herein vide
Na.Ka.No.1239/2013 E dated 19.06.2013 and the consequential impugned
order of the Executive Officer, NandivaramGuduvanchery Town Panchayat,
the fourth respondent herein vide Na.Ka.430/2013/A1 dated 09.07.2013.
For Petitioner : M/s.G.Nalini
For Respondents : Mr.P.Sathish,
Additional Government Pleader for R1 to R4.
: M/s. Dr.C.Ravichandran for R5 to R8.
ORDER
The present petition has been filed seeking to quash the impugned order dated 19.06.2013 which was passed by the 2nd respondent and the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 consequential order dated of the 4th respondent, which came to be passed on 09.07.2013.
2. It is the case of the petitioner that the petitioner's mother namely Chinnammal had executed a will dated 09.03.1995 during her lifetime, bequeathing her self-acquired immovable properties in favour of her legal heirs including the petitioner. Thereafter, she sold 0.40 cents of agricultural Nanja lands to one V.Vedagiri for a sale consideration of Rs.24,000/- and thereafter, said Chinnammal had executed a General Power of Attorney in favour of one G.K.Doss in respect of certain properties. On 03.12.1999, said Chinnammal had passed away and subsequently, the properties devolved upon the petitioner and his brothers as per the will executed by said Chinnammal and they were in absolute possession of the same. The petitioner, while applying for encumbrance certificates in respect of the said properties, came to know that a settlement deed had been executed by one Kuppusamy and his legal heirs who are none other than the legal heirs of the petitioner's elder sister namely Indhirani. It was revealed from the said settlement deed, that the petitioner's mother also died 3/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 on 03.10.1994 and the death certificate had been alleged to have been issued on 15.10.1994, based on the said death certificate, a legal heirship certificate dated 07.12.1995 for Chinnammal, alleged to have been issued on the application made by the petitioner's elder brother namely Vishwanathan.
3. Therefore, based on a private complaint filed by the petitioner, FIR came to be registered against the accused persons in Cr.No.89/12 on 08.11.2012 on the file of the Judicial Magistrate, Tambaram. Thereafter, the petitioner gave a representation to the 1st Respondent/District Collector on 21.09.2012 requesting to declare the fake legal heirship certificate dated 07.12.1995 as null and void and to declare the death certificate dated 03.12.1999 which was obtained by the petitioner as genuine. While being so, under the Right to Information Act, the petitioner came to know that the order impugned in this Writ Petition has been passed by the 2nd Respondent on 19.06.2013, cancelling the legal heirship certificate dated 27.02.2004 which was issued by the Tahsildar, Chengalpattu, pursuant to the application made by the petitioner's brother namely Rajagopal and 4/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 subsequently, based on the said order, the 4th respondent had passed the impugned order dated 09.07.2013 cancelling the death certificate dated 08.12.1999, which was obtained by the petitioner. Challenging the aforesaid impugned orders, the petitioner has filed this Writ Petition seeking quashment of the same.
4. Learned counsel for the petitioner submits that the said impugned orders have been passed without even verifying the relevant records and without affording an opportunity of personal hearing to the petitioner which is in violation of Tamil Nadu Births and Deaths Rules and hence the same is not sustainable.
5. A perusal of the materials available in the typed set coupled with the averments of the petitioner reveals that the death of the mother of the petitioner is put in issue. Though the petitioner claims that the death certificate in his possession is valid and proper, however, the legal heir certificate in possession of the said Viswanathan is fake. However, the legal heirship certificate issued by the Tahsildar had been cancelled by the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 2nd respondent vide order dated 19.06.2013 and the death certificate issued to the petitioner dated 08.12.1999 had been cancelled vide the impugned order dated 09.07.2013. From the above, it is evident that two parties are at loggerheads, disputing the date of death of their mother, which cannot be gone into in this Writ Petition under Article 226 and no affirmative direction can be granted in favour of either party.
6. In such view of the matter, this Court is not inclined to interfere with the order impugned in this writ petition and accordingly, this Writ Petition is dismissed granting liberty to the petitioner and the private respondent to work out their remedy in the manner known to law before the appropriate forum. No Costs. Consequently, the connected Miscellaneous Petition is closed.
22.06.2022 NHS Index : Yes / No Internet : Yes / No 6/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 To
1. The District Collector, Kancheepuram district, Kancheepuram.
2. The Revenue Divisional Officer, Chengleput Division, Chengleput.
3. The Tahsildar, Chengleput Taluk, Chengleput.
4. The Executive Officer, Nandivaram Guduvancheri Town Panchayat, Kancheepuram District.
7/8 https://www.mhc.tn.gov.in/judis W.P.No.28940 of 2014 M.DHANDAPANI, J.
NHS W.P.No.28940 of 2014 22.06.2022 8/8 https://www.mhc.tn.gov.in/judis