Raman v. The Tahsildar
In the High Court of Judicature at Madras Dated : 02.6.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.17618 of 2025 & WMP.No.19964 of 2025 Raman
...Petitioner
Vs 1.The Tahsildar, Uthiramerur Taluk, Kanchipuram District.
603406.
2.The Revenue Divisional Officer, Kanchipuram Division, Kanchipuram District-631501.
3.The District Collector, Kanchipuram District-631501.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 21.3.2025 vide legal heir application No.TN-720250306193 issued by the 1st respondent in respect of the petitioner's father's name - late Mr.Varathan @ Varathappan, quash the same and consequently direct respondents 1 to 3 to issue legal heir certificate mentioning the first wife named late Mrs.Radha Ammal, the first wife's legal heirs, the second wife named Mrs.Vijaya and the second wife's legal heir in single certificate. 1/5
For Petitioner :
Mr.Prabhakaran For Respondents :
Mr.R.Neelakandan, AAG assisted by Mr.G.Velu, AGP
ORDER
The writ petition has been filed challenging the online rejection order dated 21.3.2025 issued by the first respondent and for a consequential direction to the first respondent to issue a legal heir certificate in respect of the petitioner's father by mentioning the names of all the surviving legal heirs in a single certificate.
2. Mr.R.Neelakandan, learned Additional Advocate General appears on behalf of Mr.G.Velu, learned Additional Government Pleader accepting notice for the respondents. Heard both.
3. The specific case of the petitioner is that his father died on 03.9.2021 leaving behind the second wife and the children born through both the wives. The petitioner's mother - Mrs.Radha Ammal is none other than the first wife of his father. She predeceased his father. In the application, the names of the predeceased parents and the first wife of the petitioner's father, the second wife as well as the children 2/5
born to both the wives were also included. However, the first respondent rejected the request of the petitioner for the issuance of a legal heir certificate mainly on the report of the concerned Village Administrative Officer and the inquiry conducted by the concerned Revenue Inspector.
4. It is clear that the parents of the petitioner's father died much before his demise. The petitioner's father married the said Mrs.Radha Ammal and two daughters and three sons were born due to the wedlock. After the demise of the said Mrs.Radha Ammal, the petitioner's father married the said Mrs.Vijaya and one daughter and one son were born through the second marriage. The names of all these persons were included in the application. However, the first respondent has chosen to reject the application of the petitioner by stating that there were two wives and that necessary particulars were not provided by the petitioner.
5. In the considered view of this Court, the impugned online rejection order issued by the first respondent suffers from non application of mind. The petitioner provided all the details including the 3/5
names of the predeceased parents and the predeceased first wife of the petitioner's father, the second wife and the children born through both the wives. Hence, there is no reason whatsoever for the first respondent to reject the application of the petitioner.
6. Accordingly, the writ petition is allowed, the impugned online rejection order of the first respondent dated 21.3.2025 is set aside and there shall be a direction to the first respondent to issue a legal heir certificate by incorporating the names of all the surviving legal heirs as mentioned in the application. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed. 02.6.2025 To 1.The Tahsildar, Uthiramerur Taluk, Kanchipuram District.
603406.
2.The Revenue Divisional Officer, Kanchipuram Division, Kanchipuram District-631501.
3.The District Collector, Kanchipuram District-631501.
4/5
N.ANAND VENKATESH,J RS WP.No.17618 of 2025& WMP.No.19964 of 2025 02.6.2025 5/5