Madras High Court
N.Giriraj vs The Revenue Divisional Officer on 19 August, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.22593 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD)No.22593 of 2025
N.Giriraj ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Ramanathapuram District.
2.The Tahsildar,
Office of the Tahsildar,
Ramanathapuram District.
3.K.B.M.Nagendhra Sethupathi ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this
Court to issue a Writ of Mandamus directing the 2nd respondent to cancel
the Legal Heirship Certificate No. TN-720220528930 by the respondents
in favour of the 3rd respondent on the basis of the petitioners
representation dated on 11.08.2025.
For Petitioner : Mr.K.R.Badurus Zaman
For R1 & R2 : Mr.VR.Shanmuganathan
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W.P.(MD) No.22593 of 2025
ORDER
The petitioner has filed this writ petition for a Mandamus seeking direction to the 2nd respondent to cancel the Legal Heirship Certificate No. TN-720220528930 issued by the respondents in favour of the 3rd respondent on the basis of the petitioners representation dated on 11.08.2025.
2. It is noticed that the petitioner has already approached this Court twice earlier in WP.Crl.(MD)No. 350 of 2025 and W.P(MD)No.825 of 2025 against the third respondent. It appears that it is the case of the petitioner that the third respondent, son of Late.Mr.N.Kumaran Sethupathy, had been adopted by an adoption deed dated 23.05.2010 by one Mr.R.Krishnasamy Gopalar and therefore the third respondent was not entitled to be declared as a legal heir of Late.Mr.N.Kumaran Sethupathy who died on 09.04.2015. Hence the petitioner has given a representation to the first respondent on 11.08.2025. _________ Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 11:52:50 am ) W.P.(MD) No.22593 of 2025
3. It is noticed that the two writ petitions filed by the petitioner mentioned above have already been dismissed, now an attempt has been made by the petitioner to cancel the legal heir certificate issued in the name of the third respondent whereby the third respondent has been declared as the legal heir of his biological father Late. Mr.N.Kumaran Sethupathy, despite the third respondent being adopted vide adoption deed dated 23.05.2010.
4. The specific case of the petitioner is that despite the appeal filed by the petitioner before the first respondent, no step has been taken and therefore the legal heir certificate issued to the third respondent should be cancelled. Hence, this writ petition.
5. On the other hand, learned counsel for the official respondent would submit that the petitioner's appeal is only dated 11.08.2025 and was received on 13.08.2025 and an enquiry has commenced.
6. Learned counsel for the third respondent on the other hand would submit that the petitioner has no locus standi and therefore this writ petition is liable to be dismissed.
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7. The adoption deed dated 23.05.2010 seems to indicate that third respondent was adopted by Mr.R.Krishnasamy Gopalar. Therefore, the third respondent may have severed all the relationship with the biological father Late.Mr.N.Kumaran Sethupathy. Be that as it may, since the petitioner's appeal before the first respondent is pending, I therefore direct the first respondent to dispose of the appeal, within a period of eight weeks from the date of receipt of the order. Needless to state, third respondent shall be heard before final orders are passed.
8. This Writ Petition is disposed of with the above observations. No costs.
19.08.2025 pnn To The Tahsildar, Madurai South Tahsildar Office, Madurai District.
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pnn W.P(MD)No.22593 of 2025 Dated: 19.08.2025 _________ Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 11:52:50 am )