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Madras High CourtWP/16798/2025disposed of

Sivakumar v. The State Of Tamil Nadu

2025-07-28Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No.19044 of 2025 SIVAKUMAR Petitioner(s) Vs 1.The State Of Tamil Nadu Rep. By Its Principal Secretary To Government, Revenue And Disaster Management Department, Fort St.

George, Secretariat, Chennai - 600 009.

2.The District Revenue Officer, Salem District, Salem.

3.The Sub-Collector/ Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam -1, Salem District.

4.The Tahsildar, Kadayampati Taluk, Kadayampatti, Salem District.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order issued by the 4 th Respondent dated Nil vide Transaction reference No. TN-720241223480, which has been uploaded in the website and quash the same, consequently direct the 4th respondent to issue Legal Heir Certificate to the Petitioner so as to enable the petitioner to avail the benefits. For Petitioner(s):

Mr. M.R.Jothimanian For Respondent(s):

Mr.R.Neelakandan, Additional Advocate General Assisted by Mr. S.J. Mohammed Sathik, Government Advocate ********

ORDER

This Writ Petition has been filed challenging the impugned online th respondent and for a consequential direction to the 4 th rejection order of the 4 respondent to issue legal heirship certificate pursuant to the demise of late Ramasamy.

2. Heard Mr.M.R.Jothimanian, learned counsel appearing for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General appearing for the respondents.

3. The specific case of the petitioner is that late Ramasamy married one Valli and through this wedlock there were two sons and one daughter. During the subsistence of the first marriage, the petitioner married one Malliga and through this wedlock there were three sons. The petitioner submitted an application by including the names of all the legal heirs. However, the online th respondent stating that there is rejection order came to be passed by the 4 objection from the legal heirs and hence the parties must approach the civil Court and seek for remedy. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. When the matter was taken up for hearing, the learned Additional th Advocate General produced the written instructions received from the 4

respondent. On going through the same, it is seen that Ramasamy married one Chinnakannu and there were no issues out of this marriage. Thereafter, on the demise of Chinnakannu, the deceased Ramasamy married one Valli and through this marriage, there were two sons and one daughter. Thereafter, he again married one Malliga and three sons were born out of this relationship.

5. In the considered view of this Court, the children of the said Valli and Malliga must be necessarily added in the legal heirship certificate. The only enquiry to be conducted is as to whether the said Valli married the deceased Ramasamy after the demise of Chinnakannu. If that is so, the name of Valli must also be added in the legal heirship certificate. The name of Malliga cannot be added for the simple reason that she married the deceased during the subsistence of the marriage with Valli.

6. In the light of the above discussion, there shall be a direction to the th respondent by giving all petitioner to submit a fresh application before the 4 th respondent shall conduct an the particulars. On receipt of the same, the 4

enquiry and issue legal heirship certificate within a period of six (6) weeks from the date of receipt of a copy of fresh online application from the petitioner.

7. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 28-07-2025 dsa Index :Yes/No Speaking/Non-speaking order Internet :Yes :Yes/No

To 1.The Principal Secretary To Government, State Of Tamil Nadu Rep. By Its Revenue And Disaster Management Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The District Revenue Officer Salem District, Salem 3.The Sub Collector/ Revenue Divisional Officer Mettur Revenue Division, Mettur Dam -1, Salem District.

4.The Tahsildar Kadayampati Taluk, Kadayampatti, Salem District.

N.ANAND VENKATESH J.

dsa 28-07-2025