IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.Nos.10411 & 10412 of 2025 A.Hafiz ... Petitioner Vs.

1.The District Collector, Krishnagiri, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri, Krishnagiri District.

3.The Revenue Divisional Officer-cum-Sub-Collector, Hosur, Hosur Taluk, Krishnagiri District.

4.The Tahsildar, Office of the Tahsildar, Shoolagiri, Shoolagiri Taluk, Krishnagiri District.

5.Mohamed Imran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of relating to the impugned order passed by the 3rd respondent having Reference No.Mu.Mu.761/2024/A4, dated 09.08.2024, and quash the same and consequently, direct the 4th respondent to restore the Legal Heirship Certificate having Reference No.TN-720230324938 dated 10.04.2023 issued to the petitioner.

For Petitioner : Mr.R.Bharath Kumar For R1 to R4 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.Yogesh Kannadasan Special Government Pleader For R5 : Mr.S.R.Sundar

O R D E R

Challenging the order passed by the 3rd respondent cancelling the Legal Heirship Certificate issued in favour of the petitioner, the present writ petition has been filed.

2.It is the case of the petitioner that, originally a Legal Heirship Certificate was issued in favour of the petitioner on 10.04.2023 as if he is the son born to one Abdul Gaffar Sahib and Ramath Khatoon. Later, the 5th respondent made an application to the Revenue Divisional Officer to cancel the said Legal Heirship Certificate on the ground that the petitioner is not the son born to Abdul Gaffar. The same has been enquired upon and the impugned order has been passed by the 3rd respondent on 09.08.2024, cancelling the Legal Heirship Certificate issued to the petitioner.

Challenging the same, the present writ petition has been filed.

3.Learned counsel for the petitioner would submit that the petitioner is the original son of Abdul Gaffar Sahib. To prove this fact, he has also produced the Transfer Certificate, Ration Card, Aadhar Card and PAN Card of the petitioner. However, ignoring all those documents, the impugned order came to be passed as if no document has been produced by the petitioner. Further, it is also observed in the impugned order as if the petitioner has not produced any document to show the so-called adoption. Therefore, the application filed by the 5th respondent was allowed and the original Legal Heirship Certificate issued in favour of the petitioner on 10.04.2023 was ordered to be cancelled. Hence, the learned counsel seeks to quash the same.

4.Though various grounds have been raised in the writ petition to challenge the impugned order, on perusal of the entire affidavit, it appears that there is a civil suit pending between the petitioner and the 5th respondent. The petitioner has filed a suit in O.S.No.482 of 2024 before the I Additional District Court, Hosur, in which, the 5th respondent has also filed a written statement, wherein, in Para No.4, a defence has been taken as if the petitioner/plaintiff is not the son of Abdul Gaffar and Rahamath Kadhum. The 5th respondent claims that his mother had purchased the suit property in O.S.No.482 of 2024 in the year 2000, based on the partition effected in O.S.No.170 of 1988 on the file of the District Munsif Court, Hosur, by way of a compromise decree. Pursuant to the same, sale has also been effected. According to the 5th respondent, he is only the owner of the suit property. The said sale and other aspects have been challenged in the suit filed by the petitioner in O.S.No.482 of 2024.

5.No doubt, the petitioner has produced before this Court, Birth Certificate issued by the authorities to show that the petitioner is the son of Abdul Gaffar and Ramath Khatoon. Besides this Birth Certificate, Transfer Certificate of the year 1987, Ration Card of the year 1986,