Suseela v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.9183 of 2025 Suseela .. Petitioner .Vs.

1.The Collector Salem District.

2.The District Revenue Officer Salem District.

3.The Revenue Divisional Officer Sankari Division, Salem District.

4.The Tahsildar Sankari Taluk, Salem District.

5.The Village Administrative Officer Idanganasalai Bit-I Village Sankari, Salem District.

6.Chitra 7.Ravichandran .. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order vide Pa.Mu.E-13367/2023/H2 dated 04.02.2025 dismissing the petitioner's 1/6

revision petition passed by the 2nd respondent and quash the same and consequently direct the 1st to 5th respondents to include the petitioner's name in the legal heir certificate of her deceased husband Mr.Govindarajan. For Petitioner : Mr.L.Ramanathan For Respondents : Mr.R.Neelakandan Additional Advocate General Asst. by:

Mr.G.Velu, Additional Government Pleader for R1 to R5 Mr.S.Krishnasamy for R7 to R9

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 2nd respondent dated 04.02.2025 dismissing the revision petition filed by the petitioner against the order passed by the 3rd respondent dated 20.05.2025. 2.The case of the petitioner is that her husband Govindarajan was working as Village Administrative Officer and he was initially married to one Lakshmi. Three children were born out of the said wedlock and they are respondents 7 to 9. The said Lakshmi died in the year 1969 and after her demise, the petitioner married the said Govindarajan in the year 1976. Out of that marriage, one daughter was born 2/6

named Chithra.

3.The said Govindarajan died on 08.07.2011. An application was submitted by the petitioner seeking for issuance of legal heirship certificate. When the legal heirship certificate was issued by the 3rd respondent, the name of the petitioner was omitted and only the name of the daughter Chithra was included apart from the names of respondents 7 to 9 who are the children of the first wife. Aggrieved by the order passed by the 3rd respondent, a revision was filed before the 2nd respondent and the same was also dismissed by order dated 04.02.2025. Aggrieved by the same, the present writ petition has been filed before before this Court. 4.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of respondents.

5.It is seen from records that the aadhar card of the petitioner, the family card of the petitioner, the pension payment order and the pension account passbook shows the name of the petitioner's husband as Govindarajan. The only reason as to why the name of the petitioner was not included in the legal heirship certificate is that the petitioner did not prove valid marriage with the deceased. The marriage 3/6

had taken place in the year 1976 and at this length of time, except for relying upon some important documents where the petitioner has been acknowledged as the wife, it will be too difficult for the petitioner to prove the marriage. 6.The fact that the petitioner is receiving the family pension after the demise of late Govindarajan shows that she is the wife of the said Govindarajan. If there is no valid marriage and if the status of the petitioner itself is under question, there is no way the petitioner can receive the family pension. In view of the same, there are overwhelming documents to establish that the petitioner is the wife of late Govindarajan.

7.In the light of the above discussion, the impugned proceedings of the 2nd respondent dated 04.02.2025, is hereby quashed. There shall be a direction to the 4th respondent to include the name of the petitioner in the legal heirship certificate apart from the names of the petitioner's daughter and respondents 7 to 9. The fresh legal heirship certificate will be issued to the petitioner within a period of four weeks from the date of receipt of copy of the order. 8.In the result, this writ petition is allowed with the above directions. No 4/6

costs.

25.07.2025 Index : Yes kp To 1.The Collector Salem District.

2.The District Revenue Officer Salem District.

3.The Revenue Divisional Officer Sankari Division, Salem District.

4.The Tahsildar Sankari Taluk, Salem District.

5.The Village Administrative Officer Idanganasalai Bit-I Village Sankari, Salem District.

N. ANAND VENKATESH, J.

kp 5/6

W.P.No.9183 of 2025 25.07.2025 6/6