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Madras High CourtWP/11791/2021disposed of with direction

S.Shanmugam v. The District Collector

2025-09-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI S.Shanmugam

...Petitioner

Vs 1.The District Collector District Collectors Office Cuddalore District 2.The Tahsildar Taluk Office Virudhchalam Taluk Cuddalore District.

3.Govindharaj

...Respondents

PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.02.2020. For Petitioner : Ms.G.Sujith for Mr.S.Saravanan For R1 & R2 : Mrs.S.Anitha Special Government Pleader For R3 : Not ready in notice

O R D E R

This writ petition has been filed, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.02.2020.

2. The case of the petitioner is that the petitioner's sister namely S.Manimegalai died intestate on 23.04.2019 due to her medical ailments, with no issues. The parents of the petitioner and his sister were predeceased. The petitioner being the only brother of the said Manimeglai, he made an application to the 2nd respondent through online, to issue a legal heir certificate. After submission of the said application, the petitioner was called upon for the enquiry during which the 2nd respondent informed that a person named Govindharaj, the 3rd respondent herein had also applied for the legal heir certificate in respect of the petitioner's sister Ms.Manimegalai in the capacity of her husband.

On an enquiry made by the petitioner, it was found that the 3rd respondent was already married to another lady and had an affair with the petitioner's sister, on the pretext of marrying her, now the 3rd respondent Govindharaj currently resides without another lady and it was further informed to the petitioner that the first wife of the 3rd respondent had lodged a complaint in the police station and he was remanded by the police officials for the crime of bigamy and was suspended from his post.

representation before the 1st and 2nd respondents on 18.02.2020. The 1st respondent through his letter instructed the 2nd respondent herein to take action against his representation. But the same was not considered by the respondents 1 & 2. Hence the present writ petition is filed.

3. The learned counsel for the petitioner would submit that this Court may issue a direction to the 2nd respondent to consider the petitioner's representation in terms of G.O.(Ms.)No.110 dated 13.03.2024, wherein the case of death of an unmarried person, the parents, brother and sister are entitled to receive the legal heir certificate and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

4. Considering the limited request made by the petitioner, this Court is inclined to issue a direction to the 2nd respondent to consider the petitioner's representation, after affording an opportunity of hearing to the parties concerned and pass orders in the light of G.O.Ms No.110 dated 13.03.2024 within a period of four (4) weeks from the date of receipt of a copy of this order, if the legal heir certificate was not already issued.

M.DHANDAPANI, J.

uma

5. With the above direction, this writ petition is disposed of. No costs. 17.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To 1.The District Collector District Collectors Office Cuddalore District 2.The Tahsildar Taluk Office Virudhchalam Taluk Cuddalore District.