Sobana Gowthaman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SOBANA GOWTHAMAN ... Petitioner Vs 1.
THE DISTRICT COLLECTOR THE OFFICE OF THE DISTRICT COLLECTOR, KRISHNAGIRI.
2.
THE THASILDAR THALUK OFFICE, OLD MADRAS HIGHWAYS, BARGUR, KRISHNAGIRI - 635 104.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to cancel the Legal Heir Certificate in No.TN-7202107013571 dated 20.07.2021, considering the petitioner's representation dated 20.02.2025 For Petitioner : Mr.D.Ashok for Mr.M.Mohamed Afridi For R1 & R2 : Mr.R.Neelakandan, Additional Advocate General VIII assisted by Mr.R.Balamurugan Government Advocate 1/4
ORDER
The prayer in the writ petition is to cancel the Legal Heir Certificate granted in No. TN-7202107013571 dated 20.07.2021, considering the petitioner's representation dated 20.02.2025.
2. Upon hearing the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Advocate General VIII appearing on behalf of the respondents, it seems that the grievance of the petitioner is that she married the late A. Gowthaman after the death of his first wife, Manonmani. However, the children of the said Manonmani, namely Jawahar and Santosh, applied for the legal heirship certificate and only the name of the said sons was included in the legal heirship certificate, while the petitioner's name was not included.
3. As rightly contended by the learned Additional Advocate General VIII appearing on behalf of the respondents, with regard to the grievance of the petitioner, the legal heirship certificate need not be canceled. However, as per the Government Order, the authorities have the power to review the legal 2/4
heirship certificate and include the petitioner's name, provided that the petitioner can satisfy the authorities that she is the wife of the late A. Gowthaman.
4 In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner's representation dated 20.02.2025 shall be taken up for inquiry by the second respondent, the Tahsildar. (ii) The second respondent shall issue a notice of hearing to the petitioner, as well as to the said Jawahar and Santosh and consider and decide the issue in the manner known to law. If it is ultimately found that the petitioner is also the wife of the late A.Gowthaman, her name can also be included in the legal heirship certificate.
(iii) The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. No costs. 20.03.2025 nsl 3/4
D.BHARATHA CHAKRAVARTHY, J.
nsl To 1.
THE DISTRICT COLLECTOR THE OFFICE OF THE DISTRICT COLLECTOR, KRISHNAGIRI.
2.
THE THASILDAR THALUK OFFICE, OLD MADRAS HIGHWAYS, BARGUR, KRISHNAGIRI - 635 104.
20.03.2025 4/4