Advocates:
['M/S S SITHIRAI ANANDAN', 'P ESWARAN', 'J ROGINI', 'C P KAVITHA RENJINI DT', 'ADDL GOVT PLEADER', '', 'P S GANESH', 'M PRAVEEN KUMAR', 'M/S T BALAJI']

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W.P.No.15003/2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 13-10-2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.P.No.15003 of 2016

Dr.M.A.M.Ramaswamy Chettiar of

Chettinad Charitable Trust,

rep.by its Managing Trustee

Dr.A.C.Muthiah

...

Petitioner

-vs-

1.The Tahsildar,

Mylapore-Triplicane Taluk,

Mylapore,

Chennai- 600 028.

2.M.A.M.R.Muthiah

...

Respondents

Petition under Article 226 of the Constitution of India, praying for issuance

of a writ of certiorari, to call for the records relating to the order of the first respondent

herein in B4/11118/2015, dated 10.03.2016, and quash the same.

For Petitioner : Mr.R.Srinivas,

for M/s.S.Sithirai Anandam.

For Respondent 1 : Mr.V.Arun,

Additional Advocate General,

assisted by Mr.T.Venkatesh Kumar,

Special Government Pleader.

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W.P.No.15003/2016

For Respondent 2 : Mr.M.S.Krishnan,

Senior Counsel,

for Mr.T.Balaji

ORDER

This Writ Petition has been filed challenging the impugned order of the first

respondent in proceedings No.B4/11118/2015, dated 10.03.2016, issuing Legal

Heirship Certificate to the second respondent.

2. The brief facts leading to the filing of this Writ Petition are that the

leading industrialist Dr.M.A.M.Ramaswamy is said to have adopted the second

respondent by an adoption deed, dated 09.02.1996. After the said adoption, the second

respondent and Dr.M.A.M.Ramaswamy were residing together for several years. After

some time, a dispute arose between the father and the son in the year 2014. The

adoptive mother expired on 24.03.2006 and the adoptive father died on 02.12.2015.

During his lifetime, it appears that, Dr.M.A.M.Ramaswamy executed a Will in favour of

the petitioner in respect of certain properties. After the death of Dr.M.A.M.Ramaswamy,

the second respondent applied to the first respondent for Legal Heirship Certificate on

09.12.2015. The first respondent, on receipt of the said application, called for objections

and pursuant to the same, the writ petitioner and four others filed objections for grant of

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W.P.No.15003/2016

Legal Heirship Certificate in favour of the second respondent. The objections mainly

relate to questioning the very adoption itself. In the objections, they raised a point that

the adoption was cancelled and, therefore, the Legal Heirship Certificate cannot be

issued. After hearing both sides, the first respondent, took note of the fact that in the

earlier Legal Heirship Certificate, which was issued after the death of the adoptive

mother, the name of the second respondent was also shown as a legal heir along with the

adoptive father. That apart, the Ration Card issued by the authority concerned also

contained the name of the second respondent as a family member and

Dr.M.A.M.Ramaswamy, as the head of the family. Considering the said aspects, the

first respondent issued Legal Heirship Certificate to the second respondent. Challenging

the said Legal Heirship Certificate, the entire proceedings are sought to be quashed in

this Writ Petition.

3. Disputing the pleadings in the writ petition, the second respondent has

filed a counter, questioning the locus of the petitioner to challenge the Legal Heirship

Certificate. According to the second respondent, the petitioner is a stranger to the family

and he has no right whatsoever to question the adoption or Legal Heirship Certificate.

Accordingly, he sought for dismissal of the Writ Petition.

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W.P.No.15003/2016

4. Though the Writ Petition has been filed challenging the issuance of the

Legal Heirship Certificate, the entire pleadings focussed on the validity of the adoption

and the rights of the parties.

5. The contention of the petitioner is that the adoption of the second

respondent in the year 1996 is not valid under law as per the Hindu Adoptions and

Maintenance Act