R.Gokilam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP.No.25879 of 2025 R.Gokilam W/o.A.Dhanabalan ... Petitioner Vs.
1.The District Collector, Coimbatore District, Coimbatore.
2.The Thasildhar, Coimbatore North, Coimbatore District.
3.The Revenue Inspector, Near GP Theatre, Gandhipuram, Coimbatore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus to call for the impugned order as passed by the second respondent under reference Oo.Mu.4713/2021/A2 dated 20.04.2022 and quash the same as illegal, arbitrary and consequently issue the legal heir certificate on the basis of her application dated 12.08.2021 to the petitioner forthwith. For Petitioner : Mr.T.Surendran 1/4
For Respondents : Mr.G.Velu, Additional Government Pleader *****
O R D E R
This writ petition has been filed challenging the impugned proceedings of the second respondent dated 20.04.2022 and for a consequential direction to the respondents to issue legal heirship certificate to the petitioner based on her application dated 12.08.2021.
2. Heard Mr.T.Surendran, learned counsel for the petitioner and Mr.G.Velu, learned Additional Government Pleader appearing for respondents.
3. The case of the petitioner is that her deceased father Ramasamy had three daughters out of which the petitioner is one of the daughter. The father of the petitioner was owning several properties. The further case of the petitioner is that her mother Ramathal also died leaving behind the petitioner and her two sisters. The petitioner submitted an application seeking for legal heirship certificate. On receipt of the same, the second respondent has rejected the application mainly on the ground that there is already a dispute pending before the civil Court and 2/4
hence, the parties can establish their relationship in the pending proceedings. Aggrieved by the same, the present writ petition has been filed before this Court.
4. In the considered view of this Court, the civil dispute was as between the petitioner's father and his brother and the same has nothing to do with the application submitted by the petitioner seeking for legal heirship certificate. This Court has repeatedly held that the legal heirship certificate does not declare the status of a person but it only points out to the relationship of the person with the deceased.
5. In view of the above, the impugned proceedings of the second respondent dated 20.04.2022 is set aside and there shall be a direction to the second respondent to conduct an enquiry and identify the legal heirs and issue the legal heirship certificate. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that issuance of the legal heirship certificate has nothing do with the dispute pending between the parties N.ANAND VENKATESH, J gm 3/4
before the civil Court where the civil Court can independently consider the rights of the parties without being influenced by the legal heirship certificate.
This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The District Collector, Coimbatore District, Coimbatore.
2.The Thasildhar, Coimbatore North, Coimbatore District.
3.The Revenue Inspector, Near GP Theatre, Gandhipuram, Coimbatore District.
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