Sakthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023 CORAM : JUSTICE N.SESHASAYEE Sakthi ... Petitioner Vs 1.The District Collector Tiruvallur District Tiruvallur.

2.The Revenue Divisional Officer Ambattur Revenue Division Chennai - 600 040.

3.The Tahsildar Avadi Taluk Avadi Tiruvallur District.

4.The Tahsildar Poonamallee Taluk Poonamallee Tiruvallur District.

5.Geetha 6.M.Ilangkumaran .... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the third respondent to issue legal heirship certificate for the death of my husband late R.Murthy who died on 06.10.2023, based on the enquiry report of the Revenue Inspector, Avadi dated 22.10.2021 made in Oo.Mu.No.311/2021 by including all the legal heirs such as i) Sakthi - 2nd wife ii) Lakshmi - daughter iii) Ilangkumaran - son and iv)Geetha - daughter forthwith. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.M.Bindran Additional Government Pleader [R1 to R4]

O R D E R

The petitioner herein has moved this Court seeking a direction to the Tahsildar, Avadi Taluk, the third respondent herein to issue legal heir certificate vis-a-vis her husband, also including her name.

2. The learned counsel for the petitioner brought to the notice of the Court, the report of the Revenue Inspector, which disclosed that the petitioner's 2/5

husband late R.Murthy was married twice, that he had three children through his first wife Kannika Parameswari, that his first wife has passed away on 13.11.2012, and thereafter, he married the petitioner. After his demise, his children had obtained a legal heir certificate without including the name of the petitioner as his legal heir. Thereafter, the petitioner had made representation to the third respondent to issue legal heirship certificate including her name, but the same was not considered by the authority yet.

3. The report also shows that one of the daughters of Murthy, born to him through his first wife has also given consent for including the petitioner's name in the legal heirship certificate, and that his other two children have not turned up for the enquiry.

4. The learned Additional Government Pleader submits that any correction or amendment to the legal heirship certificate can only be made by the Revenue Divisional Officer.

5. This Court now directs the Revenue Divisional Officer, Ambattur Revenue Division, Chennai - 600 040, the second respondent herein, to attend to the 3/5

matter without any undue delay and dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 11.08.2023 Index : Yes / No Speaking order / Non-speaking order ds To:

1.The District Collector Tiruvallur District Tiruvallur.

2.The Revenue Divisional Officer Ambattur Revenue Division Chennai - 600 040.

3.The Tahsildar Avadi Taluk Avadi Tiruvallur District.

4.The Tahsildar Poonamallee Taluk Poonamallee Tiruvallur District.

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N.SESHASAYEE.J., ds 11.08.2023 5/5