Writ appeal against dismissal of writ petition
Balaji Bakthavathsal
(Querist) 07 March 2021
This query is : Resolved
Dear Learned Lawyers,
A fraudulent person sought for correction in legal heir certificate from the Revenue officials to include the initials of his father who died in 1984 and the application was made in the year 2007, a period of lapse of 23 years and mentioning the name of deceased person’s grandfather who is a not grandfather to the deceased person. This was done so as to grab our property by creating a false document. Knowing this, I raised the objection with the revenue officials and the revenue department after conducting a detailed enquiry, cancelled the fraudulently issued/obtained Legal Heir Crtificate by the Sub-Collector of the District.
While issuing the Legal Heir Certificate, the following violations of rule have taken place.
1) The correction was sought well after a period of 23 years for which the revenue department has no authority to make corrections without the order of the court.
2) The applicant had not mentioned his original address where he is living but one of his friend’s address and the Revenue Department has not even checked the correctness of the applicant.
3) Whenever a correction is made, the corrected one should bear the title as “Amended Legal Certificate” which was not specified in the corrected Legal Heir Certificate.
4) The Legal Heir Certificate has been issued for the thirf time afresh as already two such legal heir certificates had been issued one in the year 1984 with eight legal heirs and the other in the year 1986 with six legal heirs ignoring the two daughters of first wife.
5) It is not customary procedure to mention the grandfather’s name of the deceased person quoting grandson of so and so and son of so and so and all.
Thus for the violations made in issuing the legal her certificate, the Dub-Collector cancelled the Legal Heir Certificate.
The fraudulent person filed a Writ Petition in the High Court challenging the order of the Sub-Collector and sought the order the Hon’ble High Court;s order by quashing the Sub-Collector’s order.
The petition was dragged for 7 years and about a week back, the petitioner’s cunsel sought from the High Court, the liberty to transfer the case to the lower court for remedy. The Hon’ble judge too dismissed the petition stating that since there is no serious objection raised from the third respondent’s (it is me ) counsel, he granted the pettioner’s counsel request.
I want to file a Writ Appeal in this regard strongly objecting the matter to be taken to lower court again subjecting me to mental agony. Can I file the Writ Appeal since the judge had mentioned that there is no strong objection from my counsel ?
Please clarify.
P. Venu
(Expert) 09 March 2021
It is impossible that a Writ Petition could be transferred to a 'lower court'. What exactly is the order issued by the High Court while disposing of the WP?
Balaji Bakthavathsal
(Querist) 21 March 2021
Respected Venu Sir,
Here transfer is meant filing afresh in the lower court. Sorry for the belated response.
venkatesh Rao
(Expert) 25 May 2021
Better file a writ appeal wherein all the facts have to be averred and it would be helpful for future litigations arising out of the same cause of action. If the High Court were to dismiss the appeal in limine, see that the liberty is kept open to approach the proper forum and also the contentions of the parties are kept open.
In my opinion, if the appeal is not filed, the order in WP attains finality and may hit your future cliam by the principles of res judicata.
