R.Medona v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.15919 of 2025 R.Medona ..
Petitioner Vs.
1.The Tahsildar Kunrathur Taluk Office Kunrathur.
2.The Village Administrative Officer Aathanur Village Kunrathur Taluk Kancheepuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent relating to the e-rejection of Legal heir Certificate of the late Vanathaiyan in Application No.TN-7202410081424 dated nil and quash the same and consequently direct the 1st respondent to issue the legal heir certificate of late Vanathaiyan to the petitioner and pass such further or other order.
For the Petitioner : M/s Selvi George For the Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.R.Murthi, GA for RR1 &2
ORDER
This Writ Petition is filed challenging the impugned proceedings of the 1st respondent dated nil thereby rejecting the application made by the petitioner for legal heirship certificate.
2. Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the Writ Petition and the other material records of case, it can be seen that one Vanathaiyan died on 17.08.2024. The petitioner claims to be the wife of the said Vanathaiyan. The application made by her seems to have been rejected on the ground that no proper particulars could be ascertained.
3. When the matter came up for admission, the learned Additional Advocate General appearing on behalf of the respondents would submit that the said Vanathaiyan was married to one Lakshmi and she pre-deceased him on 27.01.2021 and through her a child viz., Cecilia was born.
4. It is also further stated in the written instructions that the petitioner married the said Vanathaiyan subsequently. In view thereof, when the marriage is after the death of the first wife - Lakshmi and even in respect of the petitioner, no other marriage was subsisting, the marriage between the petitioner and the Vanathaiyan is valid one. Therefore, the petitioner is justified in seeking for the legal heirship certificate.
5. It is submitted that in view of the objections submitted, the matter is now pending before the Revenue Divisional Officer, Sriperumbudur, for enquiry. Even otherwise, the said authority is the appellate authority. Therefore, the said RDO can consider the same. Further, it can be seen that if the marriage between the petitioner and the deceased - Vanathaiyan is legally valid one, then there
should not be any objections to include the name of this petitioner as wife and the name of Cecilia as the daughter of the said Vanathaiyan.
6. In view of the above, this Writ Petition is disposed of on the following terms:- (i) Within one week from the date of receipt of the website uploaded copy of this order, the petitioner shall make a detailed representation as against the impugned order, claiming legal heirship certificate to the RDO, Sriperumbudur; (ii) The said representation shall be taken into consideration along with the enquiry that is said to be pending before the RDO, Sriperumbudur. The RDO shall issue notice to the petitioner and the said Cecilia and if there is any other person who is interested in this matter, after due enquiry, legal heirship certificate shall accordingly be issued;
(iii) The said exercise shall be completed within a period of twelve weeks from the date of receipt of the representation submitted by the petitioner;
(iv) No costs. Consequently, the associated miscellaneous petition is closed.
22.04.2025 : Yes/No Jer To 1.The Tahsildar Kunrathur Taluk Office Kunrathur.
2.The Village Administrative Officer Aathanur Village Kunrathur Taluk Kancheepuram District.
D.BHARATHA CHAKRAVARTHY, J.
Jer 22.04.2025