IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.02.2024 CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.12520 of 2012 T.S.Subramanian ...Petitioner -Vs-

1.The Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.

2.The Principal Secretary and Commissioner of Revenue Administration, Chepauk, Chennai – 600 005.

3.The District Collector, Rajaji Salai, Chennai 600 001. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus to call for the records of the 1^st respondent made in G.O.(2D)No.55 Revenue (Ser4(2)) Department dated 15.02.2012 by confirming the impugned order passed by the 2^nd respondent made in R.C.No.Ser.3(1)/19682/10 dated 17.09.2010 and the impugned order passed by the 3^rd respondent made in R.C.No.A4/32192/2005 dated 12.02.2010 and quash the same and consequently direct the respondents for restoration of the original seniority in the cadre of Tahsildar for the year 2009 in the appropriate place.

For Petitioner : Mr.S.N.Umapathi For Respondents : Mr.M.Rajendiran Additional Government Pleader

O R D E R

This writ petition is filed for issuance of a Writ of Certiorarified Mandamus to quash the order of the 1^st respondent made in G.O.(2D)No.55 Revenue (Ser4(2)) Department dated 15.02.2012 by confirming the impugned order passed by the 2^nd respondent made in R.C.No.Ser.3(1)/19682/10 dated 17.09.2010 and the impugned order passed by the 3^rd respondent made in R.C.No.A4/32192/2005 dated 12.02.2010 and consequently direct the respondents for restoration of the original seniority in the cadre of Tahsildar for the year 2009 in the appropriate place.

2. The case of the petitioner is that while he was an Assistant in Mambalam Guindy Taluk in the year 2001, one Thiru.R.Vijayashankar applied for a legal heirship certificate vide his application dated 29.01.2001 in the file No.2091/01 consequent on the death of his father, R.Radha Ramanan, who died on 14.08.1994. The Revenue Inspector after inquiry, submitted a report dated 07.03.2001 on a printed (cyclostyled) paper duly furnishing the legal heirs of Thiru.R.Radha Ramanan, and recommended for issue of legal heirship certificate. The Revenue Inspector omitted to mention the name of the deceased and left the space as blank in the printed (cyclostyled) paper. However, he mentioned the correct date of death of the deceased as 14.08.1994. Further, there was ample evidence, such as Death Certificate to note the name of the deceased, appointment order, service certificate of the employer etc. There is no lapse on the part of the petitioner in perusing and scrutinizing the legal heirs of the deceased. The applicant stated in his two petitions dated 29.01.2001 in File No.2091/01 and 20.02.2001 in File No.5808/01 that his father, R.Radha Ramanan died on 14.08.1994. Hence, the petitioner herein after perusal and scrutiny of the reports of the Revenue Inspector along with other connected documents, submitted the same to the Tahsildar through Headquarters Deputy Tahsildar for orders as to whether the legal heirship certificate can be issued based on the Revenue Inspector's report. The then Headquarters Deputy Tahsildar and the Tahsildar in turn, after perusing all the connected documents and report of the Revenue Inspector issued the wrong legal heirship certificate on

13.03.2001 in file No.D1/2091/01. The same was prepared by someone, other than the petitioner herein, mentioning the name of the deceased as R.Vijayashankar (applicant's name) instead of correct name of the deceased, R.Radha Ramanan.

3. Learned counsel for the petitioner submitted that the Zonal Officer and Additional Personal Assistant to the Collector investigated the matter and reported on 15.10.2004 that someone other than the petitioner had prepared the defective legal heirship certificate. After a lapse of 2 ½ years, the said applicant, Thiru.R.Vijayashankar made a