✦ High Court of India · 10 Jun 2025

Madrasdated High Court · 2025

Case Details High Court of India · 10 Jun 2025

Court

High Court of India

Decided

10 Jun 2025

Bench

District N.ANAND VENKATESH

Length

1,940 words

Acts & Sections

Constitution of India Indian Penal Code

WP No. 13430 of 2021Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-63511221.S.Senthil,S/o.A.Shanmugam Maniagar, 28, Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-635112.22.Durga,D/o.A.Shanmugam Maniagar, 28, Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-63511223.ParvathamD/o.Muthanna Maniagar, 163, Paneerselvam Street, Kaveripattinam, Krishnagiri District-63511224.Mainavathy,D/o.Muthanna Maniagar, Vsk Nagar, Kaveripattinam, Krishnagiri District -635112.25.Nagendran,S/o. Kandasamy Maniagar, No.3/195, Sri Ramulu Nagar, Kaveripattinam, Krishnagiri District- 635112.26.Vishalakshi,D/o. Kandasamy Maniagar, No.3/195,sriramulu Nagar, Kaveripattinam, Krishnagiri District-635112.27.Renuga,D/o.kandasamy Maniagar, 4/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021Dhandukaranahalli Village And Post, Krishnagiri Taluk, Krishnagiri District-63511228.GowrammalW/o. Kandasamy Maniagar, No.3/195,sri Ramulu Nagar, Kaveripattinam, Krishnagiri District- 63511229.Veeramani,S/o. Chennana Maniagar, 5/169, Paneerselvam Street, Kaveripattinam, Krishnagiri District-63511230.C.Anandhi,D/o.chennana Maniagar, 180/369, Csi Church Complex, Banglore Road, Krishnagiri, Krsihnagiri District-63500131.Boovendran,S/o.chennana Maniagar, 5/169, Paneerselvam Street, Kaveripattinam, Krishnagiri District-635112.32.Pushpam ammal,W/o.subramaniam Maniagar, D.no. 3/234 Nadu Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District-33.S.Manickam,S/o.subramaniam Maniagar, D.no. 3/234 Nadu Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District-34.S.Subramaniam @ Subban5/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021S/o.subramaniam Monegar, Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District35.Gnanambigai,D/o.subramaniam Maniagar, Thoppur Village And P.o., Kaveripattinam Taluk, Krishnagiri District36.Vanitha,D/o.subramaniam Maniagar, Thogarapalli, Thogarapalli Village And Post, Kaveripattinam Taluk, Krishnagiri District.Respondent(s) PRAYERWrit petition filed under Article 226 of Constitution of India for the issue of Writ of Certiorarified Mandamus to call for the records relating to the award bearing proceedings No. L.A.B. No.110/ 16 dated 12.03.2016 on the file of the 3rd respondent culminating in the legal heir certificate bearing No. Pa.mu. 5058/ 2016/ A4 dated 20.06.2016 on the file of the 2nd Respondent quash the same and consequentially direct the 4th Respondent and his subordinate officers not to register any document executed by the Respondents 5 to 7 or their agents claiming right under the legal heir certificate bearing No.Pa.Mu. 5058/ 2016 /A4 dated 20.06.2016 on the file of the 2nd Respondent. For Petitioner(s):Mr.T. SathiyamoorthyFor Respondent(s):Mr..T.M.RanjangamGovernment Advocate for 6/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021R1, R2 and R4Mr.R.BharathkumarR5, R7Mr.D.Vishnu VaradhanR9, R10, R12 and R29M/s.Vijayalakshmifor R3Mr.B.Mohan for R6ORDERThis writ petition has been filed challenging the award passed before the Lok Adalat, Krishnagiri dated 12.03.2016 and for a consequential direction to the 4th respondent not to register any documents pertaining to the subject property, which is dealt with by the respondents 5 to 7 based on the legal heirship certificate granted to them through proceedings dated 20.06.2016.2.Heard Mr.T. Sathiyamoorthy, learned counsel for the petitioner and Mr..T.M.Ranjangam, learned Government Advocate for Respondents 1, 2 and 4 and Mr.R.Bharathkumar, learned counsel for respondents 5 and 7 and Mr.D.Vishnu Varadhan, learned counsel for Respondents 9, 10, 12 and 29 and M/s.Vijayalakshmi, learned counsel for 3rd respondent and Mr.B.Mohan, learned counsel for 6th respondent.7/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 20213.The respondents 5 to 7 filed a suit in OS No.53 of 2016 on the file of the District Munsif Court, Krishnagiri, seeking for declaring them as the legal heirs of deceased Savithriammal and for a mandatory injunction to the 1st defendant, who is the Tahsildar to issue legal heirship certificate to the plaintiffs showing them as the legal heirs of deceased Savithriammal. This suit was referred to the Lok Adalat and based on the compromise between the plaintiffs and the official defendants, an award came to be passed. Based on the same, the legal heirship certificate has been issued to respondents 5 to 7 as if they are the legal heirs of deceased Savithriammal. Aggrieved by the same, the present writ petition has been filed before this Court.4.It is quite clear from the records that one Savithri Ammal was married to one Venkataraya Maniagar and they did not have children and the said Savithri Ammal died on 26.12.1966. Thereafter four interlocutory applications came to be filed by different persons claiming themselves to be the legal heirs of Savithriammal in IA.Nos.31 of 1967 etc. All these applications were dealt with and 8/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021considered after examining witnesses and the District Judge, Dharmapuri, passed an order dated 07.04.1969 holding that the claim of adoption made by one Dhanabakkiyam is not valid and she is not the legal heir of Savithriammal. It was further held that Subbaraya Maniagar has not proved the Will and is not entitled for the claim made as if he is the legal heir. Ultimately, Nagaraja Maniagar was held to be the legal heir of the said Savithriammal. Thereafter, the parties entered into a compromise and the compromise decree was passed in OS No.9 of 1965 and OS No.10 of 1965. Pursuant to the compromise decree, Nagaraja Maniagar and the wife and Children of Andiappa Maniagar jointly filed OS No.261 of 1977 before the Sub Court, Krishnagiri, for recovery of possession and mesne profit against Subbaraya Maniagar and others claiming under him. In this suit, respondents 5 to 7 filed an impleading petition in IA No.487 of 1996 by claiming themselves to be the legal heirs of Savithriammal. This application came to be dismissed by the Sub Court, Krishnagiri, vide order dated 05.03.1997. Thus, it was already decided by a competent Civil Court that respondents 5 to 7 are not the legal heirs of the deceased Savithriammal. 9/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 20215.Ultimately OS No.261 of 1977 came to be decreed by a judgement and decree dated 22.04.1997. The defendants filed an appeal in AS No.64 of 1997 before the II Additional District Court, Dharmapuri and the same was also dismissed by judgement and decree dated 30.04.2002. As against the order of the Appellate court, the unsuccessful defendant filed SA No.1246 of 2002 and the same was also dismissed by judgement and decree dated 15.01.2017. Thus, the decree for possession and mesne profit was confirmed up to this Court.6.The 6th respondent filed yet another suit in OS No.288 of 2005 before the District Munsif Court, Krishnagiri to declare that the order passed in the interlocutory applications dated 07.04.1969 In OS No.10 of 1965 and the proceedings in OS No.261 of 1977 as illegal. The said suit was dismissed by judgement and decree dated 07.04.2012. Inspite of the same, the respondents 5 to 7 filed the present suit in OS No.53 of 216 before the District Munsif Court, Krishnagiri, by adding the Tahsildar and the District Collector as parties and sought for a declaration declaring them as the legal heirs of Savithriammal and for mandatory injunction. Conveniently, they 10/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021entered into a compromise and received the legal heirship certificate in their name. Based on the same, it is submitted that they are creating various documents and attempting to create third party rights.7.In the considered view of this Court, the process adopted by the respondents 5 to 7 is clearly an abuse of process of law. These respondents had already made one such attempt by filing IA No.487 of 1996 in OS No.261 of 1977 claiming themselves to be the legal heirs of Savithriammal and those applications came to be dismissed by the Sub Court, Krishnagiri, by an order dated 05.03.1997. Concealing the same, the suit was filed without adding the necessary parties and based on a compromise, an award came to be passed in the Lok Adalat. Based on this award, the legal heir certificate was granted in the name of respondents 5 to 7 as if they are the legal heirs of the deceased Savithriammal. Obviously, respondents 5 to 7 have committed fraud on Court and attempted to snatch away the property indirectly by not adding the necessary parties in the suit. The award suffers from illegality on the face of it and the same is liable to be interfered by this Court. 11/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 20218.The upshot of the above discussion leads to the only conclusion that the award bearing proceedings No.L.A.B.No.110/16 dated 12.03.2016 is hereby quashed and the legal heirship certificate that was issued by the 2nd respondent through proceedings dated 20.06.2016, is also quashed. There shall be a direction to the 4th respondent and also the concerned Sub Registrar Office falling under the jurisdiction of the 4th respondent not to entertain any document presented by respondents 5 to 7 touching upon the subject property. If any documents have already been created by respondents 5 to 7 based on the legal heirship certificate, the same is declared to be illegal and not binding on the other parties.9.In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.10-06-2025rka12/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No13/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021 To1.The District Collector,Krishnagiri District, Krishnagiri.2.The Thasildhar,Krishnagiri Taluk, Krishnagiri.3.The District Legal services authority,Krishnagiri District, Krishnagiri.4.The District Registrar,Krishnagiri, No.1,tiruvannamalai Road, Krishnagiri-635002.5.Valliammal,W/o. Venkatraya Maniagar, No.2/84, A1, Nethagi Nagar, 1st Cross, Mookandapalli, Sipcot, Hosur, Krishnagiri District.6.Madheswaran @ Theerthagiri,S/o. Venkatraya Maniagar, No.2/84, A1, Nethagi Nagar, 1st Cross, Mookandapalli, Sipcot, Hosur, Krishnagiri District.7.Palaniammal,D/o.venkataraya Maniagar, Keezhanoor Village, Chellampatti Post, Harur Taluk, Dharmapuri District.8.Sowbagyam,D/o. Nagaraja Maniagar, No.423,giridharshini Layout, Alanahalli, Mysore-28,karnataka9.Mrs.Kasthuri14/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021W/o.k.a.sankaran, Vishwabharathi Illam, 31,pillayar Koilstreet, Kaveripattinam, Krishnagiri District-635112.10.Sathish,S/o.k.a.sankaran, Vishwabharathi Illam, 31,pillayar Koilstreet, Kaveripattinam, Krishnagiri District-63511211.Santhi,D/o.k.a.sankaran, 25,central Street, Banglore-25. Karnataka12.Latha,D/o. K.a.sankaran, Vishwabharathi Illam, 31,pillayar Koilstreet, Kaveripattinam, Krishnagiri District-63511213.K.Gnanasekaran,S/o. A.prema Kandhasamy Maniagar, Barur, Barur Village, Pochampalli Taluk, Krishnagiri District.14.Dr.Tharageswari,D/o. A.prema Kandhasamy Maniagar, Barur, Barur Village, Pochampalli Taluk, Krishnagiri District.15.Dr.A.SundaramS/o.annamalai Maniagar, 11/31, Mogappair East, Jayalaitha Nagar, Chennai-50.16.Lalitha Sivaprasathi,D/o.annamalai Maniagar, No.987, 15/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021H.nagavilas Vivekananda Nagar, Mysore-23.17.K.A.Kirubakaran,S/o.annamalai Maniagar, No.61,gandhi Road, A-30, A-block, Velacheri Chennai-60004218.Padmini MuthurajD/o.annamalai Maniagar, 38/1,kantha Podi Kanakar Street, Krishnagiri (old Pet), Krsihnagiri District.19.Kamakshi Basappan,D/o. Annamalai Maniagar, No.123, Pudupet Road Main, Tiruppatur, Tiruppatur District-635601.20.Kuppulakshmi,W/o. A.shanmugam Maniagar, 28, Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-63511221.S.Senthil,S/o.a.shanmugam Maniagar, 28, Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-635112.22.Durga,D/o.a.shanmugam Maniagar, 28, Pillaiyarkoil Street, Kaveripattinam, Krishnagiri District-63511223.ParvathamD/o.muthanna Maniagar, 163, Paneerselvam Street, 16/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021Kaveripattinam, Krishnagiri District-63511224.Mainavathy,D/o.muthanna Maniagar, Vsk Nagar, Kaveripattinam, Krishnagiri District -635112.25.Nagendran,S/o. Kandasamy Maniagar, No.3/195, Sri Ramulu Nagar, Kaveripattinam, Krishnagiri District- 635112.26.Vishalakshi,D/o. Kandasamy Maniagar, No.3/195,sriramulu Nagar, Kaveripattinam, Krishnagiri District-635112.27.Renuga,D/o.kandasamy Maniagar, Dhandukaranahalli Village And Post, Krishnagiri Taluk, Krishnagiri District-63511228.GowrammalW/o. Kandasamy Maniagar, No.3/195,sri Ramulu Nagar, Kaveripattinam, Krishnagiri District- 63511229.Veeramani,S/o. Chennana Maniagar, 5/169, Paneerselvam Street, Kaveripattinam, Krishnagiri District-63511230.C.Anandhi,D/o.chennana Maniagar, 180/369, Csi Church Complex, Banglore 17/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021Road, Krishnagiri, Krsihnagiri District-63500131.Boovendran,S/o.chennana Maniagar, 5/169, Paneerselvam Street, Kaveripattinam, Krishnagiri District-635112.32.Pushpam ammal,W/o.subramaniam Maniagar, D.no. 3/234 Nadu Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District-33.S.Manickam,S/o.subramaniam Maniagar, D.no. 3/234 Nadu Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District-34.S.Subramaniam @ SubbanS/o.subramaniam Monegar, Paiyur, Paiyur Village, Kaveripattinam Taluk, Krishnagiri District35.Gnanambigai,D/o.subramaniam Maniagar, Thoppur Village And P.o., Kaveripattinam Taluk, Krishnagiri District36.Vanitha,D/o.subramaniam Maniagar, Thogarapalli, Thogarapalli Village And Post, Kaveripattinam Taluk, Krishnagiri District. 18/19 https://www.mhc.tn.gov.in/judis WP No. 13430 of 2021N.ANAND VENKATESH J.rkaWP No. 13430 of 2021WMP NOs. 14297 and 14298 OF 202110-06-202519/19

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