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Madras High CourtWP/5472/2025disposed of

Ap Nirupama v. The Tahsildar

2025-07-28Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A.P. Nirupama Petitioner(s) Vs 1.The Tahsildar No.14 Dairy Farm Road, Alandur Taluk Alandur Chennai 16 2.C.Dasarathram Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamsu, directing the 1st respondent to remove the name of the petitioner's father-in-law Mr.C.Dasarathram, who is the class-II legal heir of the petitioner's deceased husband C.Suresh in the legal heirship certificate. For Petitioner(s):

M/s. P Sesubalan Raja For Respondent(s):

Mr. Neelakandan, Additional Advocate General assisted by Mr.P.R.Muruganraja, Government Advocate for R1 Ms.G.Sunitha for R2

ORDER

This Writ Petition has been filed for issue of a Writ of Mandamus st respondent to remove the name of the 2 nd respondent, who is the directing the 1 father-in-law of the petitioner, from the legal heirship certificate and to issue corrected legal heirship certificate to the petitioner.

2. Heard Mr.P.Sesubalan Raja, learned counsel appearing on behalf of the petitioner, Mr.R.Neelakandan, learned Additional Advocate General appearing st respondent and Ms.G.Sunitha, learned counsel appearing on on behalf of the 1 nd respondent.

behalf of the 2

3. The grievance of the petitioner is that she was married to one Suresh and he died intestate on 15.09.2024 leaving behind the petitioner and her son Arjun as Class - I legal heirs. The mother of the deceased pre-deceased him. st respondent.

The petitioner applied for legal heirship certificate with the 1 st respondent has included the name While issuing legal heirship certificate, the 1 of the father-in-law. Hence, the petitioner wants the name of the father-in-law

to be removed from the legal heirship certificate and for issuance of a fresh legal heirship certificate.

4. A careful reading of G.O.(Ms.) No.110 dated 13.03.2024 shows that the Authority will have to include the name of the parents of the deceased in the legal heirship certificate. This is more so, since the legal heirship certificate is more in the nature of the relationship certificate between the parties. By merely adding the name of the father, who is Class-II legal heir, no preference can be claimed against the petitioner and her son, who are admittedly Class-I legal heirs. Therefore, the apprehension raised by the petitioner is sufficiently answered by this Court.

5. This Writ Petition is disposed of in the above terms. No costs. 28-07-2025 dsa Index :Yes/No Speaking/Non-speaking order :Yes/No

To 1.The Tahsildar No.14 Dairy Farm Road, Alandur Taluk Alandur Chennai 16 2.C Dasarathram No 23, 3rd Main Road Ramnagar Chennai 82

N.ANAND VENKATESH J.

dsa 28-07-2025