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Madras High CourtWP/13206/2025disposed of

K.Rajendran v. The Tahsildar

2025-07-28Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH K.Rajendran Petitioner(s) Vs 1.The Tahsildar Mambalam Taluk Office, No.1, Bharathidasan Salai, Kk Nagar, Chennai-600 078.

2.E.Nagarathinam 3.T.Hemalatha Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1 st respondent, The Tahsildar, Mambalam, Taluk Office, to consider the representation of the petitioner dated 13.02.2025 and direct respondent to issue the petitioner the Legal Heirship Certificate of Late S.Thillainayagam within a stipulated period as fixed by this Court considering the petitioners age within a stipulated time.

For Petitioner(s):

M/s. S.Soundary For Respondent(s):

Mr.R.Neelakandan, Additional Advocate General assisted by Mr.S.J.Mohammed Sathik, Government Advocate for R1 Mr.S.Kingston Jerold for R2

ORDER

This Writ Petition has been filed for issue of a Writ of Mandamus st respondent to consider the representation of the petitioner dated directing the 1 13.02.2025, wherein the petitioner has sought for issuance of legal heirship certificate for Late S.Thillainayagam.

2. Heard Ms.S.Soundary, learned counsel appearing on behalf of the petitioner, Mr.R.Neelakandan, learned Additional Advocate General appearing st respondent and Mr.S.Kingston Jerold, learned counsel on behalf of the 1 nd respondent.

appearing for the 2

3. The case of the petitioner is that he has filed a suit in O.S.No.1920 of 2022 before the XVIII Additional City Civil Court, Chennai seeking for the

relief of declaration, mandatory injunction and permanent injunction against one Thillainayagam and three others. The said Thillainayagam passed away on nd and 3 rd respondents/ defendants in the suit are his wife and 27.10.2022. The 2 daughter. The civil Court was insisting for production of legal heirship nd and 3 rd defendants and since the same was not produced, the certificate of the 2 suit was kept pending. It is under these circumstances, the petitioner submitted st respondent seeking for issuance of a legal a representation before the 1 heirship certificate. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. In the considered view of this Court, it is not the duty of the petitioner to get the legal heirship certificate for the deceased Thillainayagam. In the st respondent, it is seen that such legal written instructions received from the 1 heirship certificate cannot be given based on the representation made by the petitioner, since the petitioner has no relationship with the said Thillainayagam. st respondent cannot be faulted.

This stand taken by the 1

5. In view of the above, there shall be a direction to the XVIII Additional City Civil Judge, Chennai not to insist for any legal heirship certificate of the deceased and proceed further with the suit in accordance with law. This clarity will sufficiently take care of the grievance expressed by the petitioner.

6. This Writ Petition is disposed of with the above directions. No costs. 28-07-2025 dsa Index :Yes/No Speaking/Non-speaking order Internet :Yes :Yes/No

To 1.The Tahsildar Mambalam Taluk Office, No.1, Bharathidasan Salai, Kk Nagar, Chennai-600 078.

2.E.Nagarathinam, W/o.S.Thillainayagam, No.5/3, Karunigar Street, Vadapalani, Chennai-600 026.

3.T.Hemalatha D/o.S.Thillainaygam, No.5/3, Karunigar Street, Vadapalani, Chennai-026

N.ANAND VENKATESH J.

dsa 28-07-2025