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Madras High CourtWP/11305/2024disposed of

Gnanapandy Bhaskaran v. The Tahsildar

2025-07-21Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Gnanapandy Bhaskaran S/o.Sembukutti Petitioner(s) Vs

1. The Tahsildar Egmore Taluk, Egmore, Chennai-600 031.

Respondent(s) PRAYER Calling for the records relating to the order passed in Rc. No. 3052 / 2023 / zoho / - 6366357, dated 02.11.2023 on the file of the respondent herein, and to quash the same, and directing the respondent to restore the application in No. 3052 / 2023 / zoho / 6366357 made by the petitioner to the respondent for the issue of a legal heir certificate to him as the only legal heir of his deceased brother Rathinamuthu Rajapandi @ S.R.R.Pandian, within a time frame as may be fixed by this Court.

For Petitioner(s):

Ms.Elizabeth Ravi For Respondent(s):

Mr.R.Neelakandan Additional Advocate General asst by

Mr.K.Suresh Government Advocate

ORDER

This writ petition has been filed challenging the impugned endorsement of the respondent dated 02.11.2023, refusing to grant a legal heirship certificate to the petitioner on the ground that the petitioner is only a Class 2 legal heir of the deceased Rathinamuthu Rajapandi @ S.R.R.Pandian.

2. Heard Ms.Elizabeth Ravi, learned counsel for the petitioner and Mr.R.Neelakandanm, learned Additional Advocate General assisted by Mr.K.Suresh, learned Government Advocate appearing for the respondent.

3. It is seen from the order passed by the respondent that the deceased has passed away after marrying one Dera Pandi. However, Dera Pandi died subsequently. It is further stated that Class 2 legal heirship certificate is given only if a person dies unmarried. Thus, the application submitted by the petitioner was rejected.

4. In the considered view of this Court, the legal heirship certificate is more in the nature of a relationship certificate. Therefore, under G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, dated 13.03.2024, the name of the petitioner can be included by mentioning him as the brother of the deceased. To that extent, the status of the

petitioner can be recognised as that with the deceased. However, the same does not mean that the petitioner, being a Class 2 legal heir, can claim any preference over the Class 1 legal heirs who have been left behind by the deceased. This clarification will sufficiently take care of the rights of the parties concerned.

5. Accordingly, this writ petition stands disposed of with the direction to the petitioner to submit an online application to the respondent along with documents, and the respondent shall deal with the same in the light of the observations made in this writ petition. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

21-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tahsildar Egmore Taluk, Egmore, Chennai-600 031.

N.ANAND VENKATESH J.

gd 21-07-2025