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Madras High CourtWP/12044/2025disposed of

S.Padma v. The Tahsildar

2025-04-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.13732 of 2025 S.PADMA ... Petitioner Vs THE TAHSILDAR TAMBARAM TALUK, NH-32, CHITLAPAKKAM, WEST TAMBARAM, CHENNAI-600 045.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the respondent vide Application No.TN7202411211379 dated 21.11.2024 and quash the same as illegal and consequently direct the respondent to issue a Legal Heir certificate in favour of the petitioner as legal heirs of Late.S.Rajashekara Rao respectively within the time that may be stipulated by this Court. For Petitioner : Mr.K.Ramadurai For Respondent : Mr.R.Neelakandan Additional Advocate General - VIII assisted by Dr.S.Suriya, Additional Government Pleader 1/4

ORDER

This writ petition is filed with a prayer to call for the impugned order in No. TN-7202411211379 dated 21.11.2024 and quash the same as illegal and consequently direct the respondents to issue a legal heirship certificate in favor of the petitioner as the legal heir of one S. Rajasekhara Rao within the time that may be prescribed by this Court.

2. Upon hearing the learned counsel appearing for the petitioner and the learned Additional Advocate General VIII appearing on behalf of the respondents and perusing the material records of the case, the grievance of the petitioner is that the petitioner's husband, S. Rajasekhara Rao, died on 06.12.2003 at Ernakulam. The death certificate has been duly issued by the jurisdictional authorities. The petitioner's husband had resided within Tambaram Taluk, within the jurisdiction of the first respondent. Therefore, when the application is filed to issue the legal heirship certificate, it was rejected by the impugned order, due to the fact that the parents of the deceased are residing in other districts. The parents residing in other districts is not a relevant criterion. The deceased was ordinarily residing within Tambaram Taluk. The respondent is the appropriate authority to issue the legal heirship 2/4

certificate.

3. Accordingly, the impugned order in No. TN-7202411211379 dated 21.11.2024 is set aside. The matter is remitted back to the file of the first respondent. The first respondent shall again consider the request made by the petitioner and if necessary, notice can be issued to the petitioner as well as the other legal heirs for enquiry. The enquiry shall be completed and the legal heirship certificate shall be issued to the petitioner. The aforesaid exercise shall be completed as expeditiously as possible, in any event, not later than twelve weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

4. In view thereof, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.04.2025 nsl To THE TAHSILDAR TAMBARAM TALUK, NH-32, CHITLAPAKKAM, 3/4

WEST TAMBARAM, CHENNAI-600 045.

D.BHARATHA CHAKRAVARTHY, J.

nsl 04.04.2025 4/4