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Madras High CourtWP/17930/2022allowed

G.Kamala v. The Thasildar

2025-06-10Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Mrs.G.Kamala Petitioner(s) Vs The Thasildar Purasaiwalkam Taluk, Chennai- 600 003.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for the records to the order issued by the respondent herein in his proceedings in Na.Ka. A3 / 797 / 2022 dated 02.05.2022 and quash the same, consequentially direct the respondent to issue the Legal Heir Certificate in favour of Petitioner as Class -II , Legal Heir of deceased M. Kuppammal wife of Munuswamy who died on 02.01.2022.

2/6 For Petitioner(s):

Mr.P.Munuswamy For Respondent(s):

Mr.R.Neelakandan Additional Advocate General assisted by Mr.K.Suresh Government Advocate

ORDER

This writ petition has been filed challenging the impugned proceedings dated 02.05.2022 issued by the respondent and for a consequential direction to the respondent to issue legal heir ship certificate in favour of the petitioner. 2.Heard Mr.P.Munuswamy, learned counsel appearing on behalf of the petitioner and Mr.R.Neelakandan, learned Additional Advocate General appearing on behalf of the respondent.

3.The impugned proceedings have been issued by the respondent mainly on the ground that no legal heir ship certificate can be granted for the Class-II Legal heir. The petitioner states that his sister Kuppammal did not leave behind any other legal heirs and that the petitioner alone is the Class-II Legal heir of the deceased Kuppammal.

3/6 4.The issue involved in the present writ petition is covered by the judgment of the Full Bench in W.P.No.20189 of 2023 dated 10.07.2023. Pursuant to the same, G.O.Ms.No.110, dated 13.03.2024 has been issued and now the respondent can issue legal heir ship certificate even for Class-II Legal heirs.

5.The learned Government Advocate appearing on behalf of the respondent submitted that the petitioner can be directed to submit an online application along with all the relevant documents and the same will be considered and a decision will be taken.

6.In the light of the above discussion, the impugned proceedings of the respondent dated 02.05.2022, is hereby quashed. There shall be a direction to the petitioner to submit a fresh online application to the respondent along with all the necessary particulars and on receipt of the same, the respondent shall take a decision regarding the issuance of legal heir ship certificate, within a

4/6 period of four weeks from the date of receipt of the fresh online application from the petitioner.

7.In the result, this writ petition stands allowed with the above directions. No Costs.

10-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Thasildar Purasaiwalkam Taluk, Chennai- 600 003.

6/6 N.ANAND VENKATESH J.

ssr 10-06-2025