Sathyavani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Sathyavani .. Petitioner Vs 1.The Revenue Divisional Officer Mettur Taluk Salem District 2.The Tahsildar Mettur Taluk Salem District 3.Chinnathaiyi 4.Ammaniammal 5.Periyannan 6.Kandasamy .. Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the 1 st respondent dated 27.02.2025 bearing MU.MU No.566/2025/VU and quash the same and subsequently issue legal heir certificate to the petitioner for the death of his father namely Ranganathan, S/o.Kandasamy. For Petitioner : Mr.C.Deepakkumar For RR1 and 2 : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.K.Suresh Government Advocate

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 1 st respondent dated 27.02.2025 and for a consequential direction to the nd respondent to issue legal heirship certificate to the petitioner.

2. Heard Mr.C.Deepakkumar, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mr.K.Suresh, learned Government Advocate appearing for the respondents 1 and 2 and perused the materials placed before this Court.

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3. The case of the petitioner is that her father late Ranganathan was married to one Chinnapillai. Two daughters were born out of the wedlock. Chinnapillai died in the year 1999. In the meantime, Ranganathan was married to the 3 rd respondent even during the subsistence of his 1 st marriage and a daughter and two sons were born who are respondents 4 to 6. The petitioner submitted an application to the 2 nd respondent seeking for legal heirship certificate. The same was rejected on the ground that the names of other legal heirs were not included in the application. Aggrieved by the same, an appeal was filed before the st respondent and the 1 st respondent, through the impugned proceedings dated 27.02.2025, rejected the petitioner's application. It is under these circumstances, the present writ petition came to be filed before this Court.

4. The learned counsel for the petitioner submitted that the petitioner will not have any objection in adding the names of the children of the second wife. However, they will not be able to submit an application, since they are at loggerheads and the identity proof of the children of the second wife is not available.

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5. Considering the facts and circumstances of the case and the materials placed before this Court, the matter is remanded back to the file of the nd respondent and the 2 nd respondent is directed to deal with the application submitted by the petitioner and issue the legal heirship certificate by adding the names of the respondents 4 to 6 who are the daughter and two sons born to the second wife. If the same is done, no one will be aggrieved and the problem can be resolved. This process shall be completed by the 2 nd respondent within a period of four weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs. 02.06.2025 Index : Yes/No gya 4/6

To 1.The Revenue Divisional Officer Mettur Taluk Salem District 2.The Tahsildar Mettur Taluk Salem District 5/6

N. ANA ND VENKATESH , J.

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