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2014 Supreme(Mad) 1893
Madurai Bench of Madras High Court
T.S. SIVAGNANAM, J.
I. Duraipandi
Versus
The Revenue Divisional Officer, Madurai & Others
W.P. (MD) No. 10935 of 2014 & M.P (MD) No. 1 of 2014
Decided on: 07-07-2014
Advocate Appeared:
For the Petitioner:V. Natarajan, Advocate.
For the Respondents:M. Raja Rajan, Govt. Advocate.
The legal heir certificate issued by revenue authorities based on an enquiry is not equivalent to a civil court decree and can be cancelled if obtained based on a forged document.
Headnote:
Legal Heir Certificate - Quashing of Orders - The court found that the legal heir certificate issued by the revenue authorities, based on an enquiry, cannot be equated to a civil court decree declaring a person's right as a legal heir of another. The court concluded that the revenue officials were entitled to cancel the legal heir certificate if it was obtained based on a forged document.
Fact of the Case:
The petitioner sought a writ of Certiorarified Mandamus to quash orders cancelling the legal heir certificate and for a consequential direction for re-hearing the matter. The petitioner's review petition was also rejected.
Finding of the Court:
The court found no grounds to interfere with the orders passed by the respondents and dismissed the writ petition with liberty to the petitioner to approach the competent civil court if advised.
Issues: Validity of the legal heir certificate, cancellation of the certificate, and the direction for disciplinary action against revenue officials.
Ratio Decidendi: The legal heir certificate issued by the revenue authorities, based on an enquiry, cannot be equated to a civil court decree declaring a person's right as a legal heir of another. The revenue officials were entitled to cancel the certificate if obtained based on a forged document.
Final Decision: The writ petition was dismissed with liberty to the petitioner to approach the competent civil court if advised.
1. In this writ petition, the petitioner seeks for a writ of Certiorarified Mandamus to quash the orders dated 22.03.2013 and 09.01.2014 and for a consequential direction for re-hearing the matter.
2. By the impugned order dated 22.03.2013, the legal heir certificate issued in favour of the petitioner came to be cancelled. Thereafter, the petitioner filed a review petition before the first respondent on 22.04.2013. The said review petition was also rejected by an order dated 09.01.2014. Both these orders are impugned in this writ petition.
3. The learned Counsel appearing for the petitioner submitted that the legal heir certificate issued in favour of the petitioner is a valid document and without considering the said aspect, the Certificate has been cancelled and therefore the impugned order is illegal. Furthermore, the learned Counsel appearing for the petitioner submitted that the first respondent erroneously directed to take disciplinary action taken against the Revenue Inspector and the Village Administrative Officer.
4. It is to be pointed out that the legal heir certificate issued by the revenue authorities is only based on enquiry, cannot be equated to civil Court decree by which, the persons' right as a legal heir of another has been declared.
5. It is alleged that on enquiry it came to light that the petitioner obtained the legal heirship certificate based on forged document and therefore the revenue officials are entitled to cancel the legal heir certificate.
6. Hence, this Court finds no grounds to interfere with the orders passed by the respondents.
7. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach before the competent civil Court if he is so advised. No costs. Consequently, the connected Miscellaneous petition is also dismissed.
