Radha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Radha ... Petitioner Vs.

1.The District collector The Office of the District Collector Cuddalore District.

2.The Thasildhar The Thasildhar Office Panruti Taluk Cuddalore District.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, for consideration of the petitioner's representation letter dated 03.03.2025 for legal heir certificate and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. 1/5

For Petitioner : M/s.V.Kalaivaani For Respondents : Mr.R.Neelakandan Additional Advocate General -VIII Assisted by Mr.R.Murthi for R1 & R2 Government Advocate

ORDER

This Writ Petition is filed to consider the representation of the petitioner dated 03.03.2025.

2. Upon hearing the learned counsel for the petitioner and the learned Additional Advocate General appearing on behalf of the respondents and perusing the material records of the case, it can be seen that one Manickam died on 10.10.2005. The Manickam is said to have been married to one Devaki and through the said Devaki he has got four children namely Ravi Kumar, Raghuraman, Rajalakshmi and Mangalam. Now, the petitioner Radha, who is the sister of the said Devaki also claims that she has got married to the said Manickam and they have got four children namely, 2/5

Gomati, Gunasundari, Valli, and Mohanasundari. The written instructions that is given to the learned counsel appearing on behalf of the respondents who is represented by the Additional Advocate General is that when the first wife and the children are there, the petitioner Radha cannot be recognized as a legal heir. That may be so, but when the children are there, all they have also to be included in the legal heirship certificate. Of course, it would be subject to the outcome of the enquiry and proof of the said facts that are asserted by the petitioner.

3. In view thereof, this Writ Petition is allowed on the following terms;

(i) The petitioner's representation dated 03.03.2025 shall be taken up for enquiry by the second respondent; (ii) The second respondent shall issue notice to the petitioner as well as the other heirs, both the children said to be born through the petitioner as well as Devaki and her children. After hearing the objections and taking into consideration such evidence that may be produced by the parties on record afresh 3/5

orders in accordance with law can be passed. The said exercise shall be completed within a period of 12 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of of the order.

(iii) No costs.

27.03.2025 dna To 1.The District collector The Office of the District Collector Cuddalore District.

2.The Thasildhar The Thasildhar Office Panruti Taluk Cuddalore District.

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D.BHARATHA CHAKRAVARTHY , J.

dna 27.03.2025 5/5