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Madras High CourtWP/17520/2024disposed of with direction

Karumaridevi v. The Thasildar

2025-11-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.19322 of 2024 Karumari Devi ... Petitioner Vs.

The Tahsildar, Alandur Taluk Office, St. Thomas Mount, Alandur, Chennai-600 016.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records, concerned with impugned notice (Application No.720230802534) dated 02.08.2023 passed by the respondent pertaining to the application for issuance of legal heir certificate and quash the same and direct the respondent to conduct proper enquiry accordance with law for issuing the legal heir certificate, and direct the respondent to issue the legal heir certificate to the petitioner as per the Hindu Succession Act. For Petitioner :

Mr.V.Sivalingam For Respondent :

Mr.P.Ganesan,AGP

O R D E R

The impugned notice (Application No.720230802534) dated 02.08.2023 passed by the respondent pertaining to the application for issuance of legal heir certificate, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the respondent to conduct proper enquiry in accordance with law for issuing the legal heir certificate and issue the same to her as per the Hindu Succession Act.

2. Heard the learned counsels on either side.

3. The nutshell of the case is as follows:

3.1. The petitioner's father namely, late K.Sankarapandian has two wives. He had two daughters viz., Karumari Devi & Muthuselvi through his first wife/Balamani and two children namely, Rajasekar & Kumutha through his second wife/Vijaya. Both the wives pre-deceased the petitioner's father in the year 2020 and 1988 respectively. The petitioner's father died on 21.10.2007 and death certificate was issued on 10.03.2023 by the competent authority. The petitioner had approached the respondent for issuance of a legal heir certificate for all the four children suppressing the aforesaid facts. The

respondent had rejected her application on the ground of suppression of the facts by the petitioner.

4. Aggrieved by the same, the petitioner has approached this Court by way of filing the present Writ Petition.

5. The learned counsel for the petitioner submitted that it would suffice to permit the petitioner to make a fresh representation to the respondent for issuance of legal heir certificate by disclosing all the relevant facts and furnishing necessary documents.

6. Per contra, the learned counsel for the respondent submitted that the application of the petitioner has been rejected on the ground of suppression of facts and hence, the order impugned herein warrants no interference.

7. A perusal of the case reveals that the petitioner has suppressed the facts and applied for issuance of a legal heir certificate to the respondent. Admittedly, there is no dispute in regard to the birth of the children of Late K.Sankarapandian, who has sought for issuance of legal heir certificate. Even as per the Revenue Department investigation which reveals that all the four

children are born to the deceased K.Sankarapandian and hence, they are entitled for issuance of a legal heir certificate. Therefore, this Court deems it fit to direct the petitioner to make a fresh application by disclosing all the facts and also to provide relevant documents for issuance of a legal heir certificate to the respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent shall consider the application of the petitioner and issue the legal heir certificate to the petitioner in accordance with law, within a period of two weeks from thereafter.

8. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.

07.11.2025 Index: Yes/No NCC : Yes/No Order : Speaking/Non Speaking DP To The Tahsildar,

Alandur Taluk Office, St. Thomas Mount, Alandur, Chennai-600 016.

M.DHANDAPANI.J, DP and W.M.P.No.19322 of 2024 07.11.2025