B.Veerappan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY B.VEERAPPAN ... Petitioner Vs THE TAHSILDAR SHOLINGANALLUR, NO.1, RAJIV GANDHI SALAI, 1ST CROSS STREET, SHOLINGANALLUR, CHENNAI- 600 119.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for records relating to the impugned order passed by the respondent in Application No.TN7202309221406 dated 22.09.2023 and quash the same as illegal and consequently direct the respondent to issue legal heirship certificate to the legal heirs of late M.Balaraman.

For Petitioner : M/s.Shivakumar and Suresh For Respondent : Mr.R.Neelakandan Additional Advocate General assisted by Mr.R.Murthi Government Advocate 1/4

ORDER

This writ petition is filed with a prayer to call for the records relating to the impugned order passed by the respondent in Application No.TN7202309221406 dated 22.09.2023 and to quash the same.

2. Upon hearing the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing on behalf of the respondent, and perusing the affidavit filed in support of the writ petition along with other material records, it can be seen that the legal heirship certificate is being requested in respect of the death of one late M.Balaraman. However, it has not been granted on the ground that the said M.Balaraman had two wives and therefore, the issue cannot be decided. It can further be seen that both of the said wives are no longer alive. The children born to both wives can be included as the legal heirs in the legal heirship certificate.

3. In view of this, this writ petition is ordered on the following terms:- (i) The impugned order made in Application No.TN- 7202309221406 dated 22.09.2023 shall stand quashed.

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(ii)The matter is remanded back to the file of the respondent. The respondent shall conduct a fresh enquiry on the petitioner's application by issuing notice to the petitioner as well as any other legal heir who may be interested. Thereafter, the respondent shall include the names of the petitioner or any other children, as may be determined in the enquiry and issue the legal heirship certificate.

(iii) The above exercise shall be completed within twelve weeks from the date of receipt of the web copy of this order, without waiting for the certified copy. No costs.

04.04.2025 nsl To THE TAHSILDAR SHOLINGANALLUR, NO.1, RAJIV GANDHI SALAI, 1ST CROSS STREET, SHOLINGANALLUR, CHENNAI- 600 119.

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D.BHARATHA CHAKRAVARTHY, J.

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