Kanthammal v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP.No.19612 of 2026 Kanthammal W/o.Govindaraj Reddy, Ellai Amman Koil Street, Athippedu Village, Azhinjivakkam Post-600 067 Ponneri Taluk.

..Petitioner(s) Vs The Tahsildhar Ponneri Taluk, T.H.Road, T.V. Puram, Ponneri-601204 Thiruvallur District.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, to call for all the records relating to the impugned order passed by the respondent herein and uploaded in the government website on 30.04.2026 by which the petitioner's Legal Heirship certificate application No.TN-720260211353 dated 11.02.2026 was rejected and to quash the same as illegal and ultra vires of the Hindu Succession Act, 1956, and consequently to direct the respondent herein to issue to the petitioner the Legal Heirship certificate of the petitioner's deceased son Mr.G.Kumaresan, who died unmarried and intestate on 02.01.2026, showing her as the legal heir.

For Petitioner(s):

Mr.V.Sruthi For Respondent(s):

Mr.P.Elayarajkumar Government counsel

ORDER

This Writ Petition has been filed challenging the impugned proceedings of the respondent dated 30.04.2026, rejecting petitioner's request for issuance of a Legal Heirship Certificate.

2. Learned counsel for petitioner would submit that petitioner is the mother of one G.Kumaresan, who was unmarried and had died intestate on 02.01.2026 due to prolonged illness. He would submit that petitioner had applied for a Legal Heirship Certificate before the respondent. However, the same was rejected on the premise that her brother's name had not been included in the application. He would further submit that petitioner, being the mother of the deceased, is the sole surviving Class-I legal heir and therefore, the insistence on inclusion of her brother's name is wholly without any basis.

3. Learned Government Counsel appearing for respondent would submit that they would reconsider the petitioner's application and pass appropriate orders afresh, after issuing notice to petitioner, petitioner's brother and any other interested parties, within a time period to be stipulated by this Court.

Agreed to by the learned counsel for petitioner.

4. In that view of the matter, the impugned proceeding of the respondent dated 30.04.2026 is set aside and the respondent is directed to reconsider the matter afresh and pass appropriate order in accordance with law, after issuing notice and after affording reasonable opportunity of hearing to petitioner, petitioner's brother and any other interested persons within a period of four (4) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order ANU To The Tahsildhar Ponneri Taluk, T.H.Road, T.V. Puram, Ponneri-601204 Thiruvallur District.

MOHAMMED SHAFFIQ, J.

ANU and WMP.No.19612 of 2026 02-06-2026