B.Sathyakumari v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY B.SATHYA KUMARI ... Petitioner Vs 1.

THE TAHSILDHAR, VELACHERRY TALUK, CHENNAI DISTRICT.

2.

THE REVENUE DIVISIONAL OFFICER, SOUTHERN CHENNAI, GUINDY, CHENNAI-600 032.

3.

KOWSALYA 4.

VIJAYAKUMARI ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first and second respondents to include the petitioner name in old legal heir certificate No.TN-720211227323 dated 02.02.2022 or include the petitioner as a legal heir in new legal heir certificate of Balan who died on 20.11.2020 to the petitioner based on the representation dated 23.07.2024 forthwith.

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For Petitioner : Mr.M.Nagoor For R1 & R2 : Mr.R.Neelakandan Additional Advocate General - VIII assisted by S.Balamurugan Government Advocate

ORDER

The writ petition is filed to include the name of the petitioner in the old legal heir certificate No.TN-720211227323 dated 02.02.2022.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition, the grievance of the petitioner is that one Balan died on 20.11.2020. He married two women and the petitioner is the daughter born through the second wife. Her name is not included in the legal heirship certificate. The petitioner, therefore, approached this Court earlier by way of W.P. No. 18967 of 2024 and by an order dated 16.07.2024, this Court directed the petitioner to file an appeal before the Revenue Divisional Officer, who is the second respondent in the present writ petition. Accordingly, the petitioner filed an appeal on 23.07.2024 and it seems that the same is pending.

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3. In view thereof, this writ petition is disposed of at the admission stage without notice to private respondents No. 3 and 4.

4. The second respondent shall consider the appeal dated 23.07.2024 as expeditiously as possible. It can be seen that if the petitioner is the daughter through the second wife, she would also be a legal heir. Therefore, the same can be considered by the second respondent. The second respondent shall pass final orders within a period of six weeks from the date of receipt of the web copy of this order, without waiting for the certified copy. The second respondent shall also hear the petitioner as well as private respondents 3 and 4 before passing the order.

5. In view of the above, this writ petition is disposed of. No costs. 16.04.2025 nsl 3/5

To 1.

THE TAHSILDHAR, VELACHERRY TALUK, CHENNAI DISTRICT.

2.

THE REVENUE DIVISIONAL OFFICER, SOUTHERN CHENNAI, GUINDY, CHENNAI-600 032.

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D.BHARATHA CHAKRAVARTHY, J.

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