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2025 Supreme(Online)(MAD) 11959
HIGH COURT OF MADRAS
D.BHARATHA CHAKRAVARTHY, J
K.LAKSHMI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
W.P.No.8396 of 2025
For the Appellants/Petitioners: Mr.R.Ragavendran
For the Respondents:Mr.R.Neelakandan Additional Advocate General VIII, Mr.R.Murthy Government Advocate
Authorities may revisit legal heirship certificates if any particulars are found erroneous or false.
Headnote:The writ petition seeks a direction for the cancellation of a legal heirship certificate and initiation of criminal proceedings against an individual. The grievance centers on alleged suppression of material facts from the legal heirship certificate. The court highlighted that authorities may revisit certificates if particulars are erroneous or false and ordered an inquiry into the petitioner's representation. It was concluded that the inquiry must be completed within sixteen weeks.
ORDER
This writ petition is filed with a prayer to direct the first to fourth respondents to cancel the legal heirship certificate dated 28.05.1997 bearing D/DIS/10195/97 and also to initiate criminal proceedings/action against the fifth respondent based on the representation dated 26.09.2024.
2. The grievance of the writ petitioner is with reference to the issue of the legal heirship certificate of the petitioner’s grandfather.
3. It is contended by the learned counsel appearing on behalf of the petitioner that when the petitioner's grandfather died on 02.11.1983, leaving behind three legal heirs, one of the legal heirs alone obtained the legal heirship certificate by suppressing material information.
4. When the matter came up for hearing, the learned Additional Advocate General VIII appearing on behalf of the respondents 1 to 4, on instructions, submitted that the petitioner’s representation has been taken up for enquiry. A due enquiry will be conducted and orders will be passed in accordance with the law.
5. As per the latest Government order regarding the issuance of legal heirship certificates, the authorities are entitled to revisit the legal heirship certificate if any particulars given are found to be erroneous or false.
6. In that view of the matter, the third respondent shall complete the enquiry on the petitioner’s representation dated 26.09.2024. Both the petitioner and the other parties, including the fifth respondent, shall be issued notices and none of the contentions are to be decided in the writ petition. Based on the ultimate result of the enquiry, final orders can be passed. The above exercise shall be completed within a period of sixteen weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.
7. In view thereof, this writ petition is disposed of. No costs.
12.03.2025 Neutral Citation: Yes/No nsl To
1. THE DISTRICT COLLECTOR, COLLECTORATE OF CHENNAI SINGARAVELAR MAALIGAI, RAJAJI SALAI, 4TH FLOOR, 62, BEACH ROAD, GEORGE TOWN, CHENNAI-600 001.
2. THE DISTRICT REVENUE OFFICER, CHENNAI DISTRICT, COLLECTORATE OF CHENNAI SINGARAVELAR MAALIGAI, RAJAJI SALAI, 4TH FLOOR, 62, BEACH ROAD, GEORGE TOWN, CHENNAI-600 001.
3. THE REVENUE DIVISIONAL OFFICER, CHENNAI(SOUTH), NEXT TO DR.MGR UNIVERSITY, GUINDY, CHENNAI.
4. THE TAHSILDAR, MAMBALAM-GUINDY TALUK OFFICE, CHENNAI-600 078.
D.BHARATHA CHAKRAVARTHY, J.
nsl
12.03.2025
