M.Logeshwari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.13363 of 2025 M.Logeshwari, W/o late Manivannan, Devannagoundanur Village, Veerappampalayam Post, Sankari Taluk, Salem District.

.. Petitioner /versus/ 1.The District Collector, Salem,Salem District.

2.The Tahsildar, Omalur Taluk, Salem District.

3.Sithayee, W/o Dhayalan, No.253, Nalu Kal Paalam, Sakarai Chettipatti, Omalur Taluk, Salem 636 305.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to conduct enquiry and add my name in the legal heir certificate in Certificate No.TN 7202312226785, dated 07.01.2024 by considering my representation dated 03.03.2025 within the time frame fixed by this Hon'ble Court. 1/5

For Petitioner :Mr.A.Saravanan For Respondents :Mr.R.Neelakandan, AAG VII, Asst.by Mr.R.Murthi, GA for R1 and R2

ORDER

The prayer in the writ petition is to direct the respondents to conduct an enquiry and add the petitioner's name in the Legal heirship Certificate in Certificate No.TN 720231222785, dated 07.01.2024, by considering the petitioner's representation dated 03.03.2025.

2. Upon hearing the learned counsel appearing for the petitioner and the learned Additional Advocate General No.VIII appearing for the respondents 1 and 2 and perusing the affidavit filed in support of the writ petition and materials records of the case, it can be seen that one Manivannan, Son of Dhayalan, died on 01.07.2020. The petitioner is the wife of the said Manivannan. The said Manivannan also left behind one Sithayee, his mother and Sutheksa, the daughter of the petitioner as well as the said Manivannan and he is also survived by Dhayalan, the father of the said Manivannan. When the respondent issued Legal heirs Certificate on 07.01.2024, they have mentioned 2/5

the name of the mother, name of the daughter and name of the father, but left out the name of the petitioner. The only reason that is stated is that the petitioner has since remarried. The remarriage will not alter the position and the petitioner will continue to be the legal heir of the said Manivannan, being the wife.

3. In view thereof, the writ petition stands allowed on the following terms:- (i)The second respondent shall take up the representation of the petitioner dated 03.03.2025 for consideration;

(ii)The second respondent shall issue notice to the petitioner as well as the other legalheirs mentioned in the legal heirship certificate; (iii)The second thereafter shall include the petitioner also by describing her as his wife in the legalheirship certificate and issue fresh legal heirship certificate; and (iv)The above exercise shall be completed within a period of 12 weeks from the date of receipt of the copy of this order. No costs. 15.04.2025 ari 3/5

To 1.The District Collector, Salem,Salem District.

2.The Tahsildar, Omalur Taluk, Salem District.

3.The Additional Advocate General VIII, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY, J.

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