Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 228080 (MAD)

Chandran v. The Revenue Divisional Officer

WP(MD)/30434/2025 · 2025-10-29

G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.30434 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.30434 of 2025 Chandran ... Petitioner Vs. 1.The Revenue Divisional Officer, O/oRevenue Divisional Office, Aruppukottai, Virudhunagar District. 2.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti, Virudhunagar District. 3.The Village Administrative Officer, Village Administrative Office, Vakkanangundu Village, Kariyapatti Taluk, Virudhunagar District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd Respondent in connection with his proceedings in Na.Ka.A5/2603/2025 dated 31.07.2025 and quash the same as illegal and arbitrary and consequently direct the respondents herein to issue a certificate stating both the names Ramasamy and Samuel refer to the same person to 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.30434 of 2025 consider and pass orders on petitioner's representation dated 26.03.2025 within the time limit that may be stipulated by this court. For Petitioner : Mr.P.Veerapandi For Respondents : Mr.B.Ramanathan Additional Government Pleader for R1 to R3 ORDER Heard both sides. 2. His father passed away on 03.11.1987. He left behind the two legal heirs namely daughter Kaliammal and son writ petitioner herein. The case of the writ petitioner is that his father's name has been mentioned as Samuel both in the death certificate as well as in the legal heir certificate. However, the property documents are in the name of Ramsamy. The petitioner approached the Tahsildar, Kariapatti seeking certificate certifying that Ramsamy as well as Samuel are one and the same. The Tahsildar, Kariapatti on the basis of the order dated 11.04.2023 made in W.P.(MD)No.10949 of 2023 held that such certificate cannot be issued. Challenging the same, this writ petition has been filed. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.30434 of 2025 3. In fact, I had also taken the very same view. I wanted the petitioner's counsel to cite the provision of law under which such certificate can be issued. In fact, if there is an executive instructions issued by the Government, that also would suffice. But my attention is not drawn to any statutory provision or GO or executive instructions which empowering the Tahsildar to issue such certificate. A writ of mandamus can be issued only if there is a legal duty cast on the authority concerned. The petitioner is not able to show any legal right in his favour or legal duty on the part of the authority. 4. In these circumstances, I cannot grant relief. The Writ Petition is dismissed. No costs. 29.10.2025 Index : Yes / No Internet : Yes/ No rmi To 1.The Revenue Divisional Officer, O/oRevenue Divisional Office, Aruppukottai, Virudhunagar District. 2.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti, Virudhunagar District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.30434 of 2025 G.R.SWAMINATHAN, J. rmi 3.The Village Administrative Officer, Village Administrative Office, Vakkanangundu Village, Kariyapatti Taluk, Virudhunagar District. W.P(MD)No.30434 of 2025 29.10.2025 4/4 https://www.mhc.tn.gov.in/judis