Usha Sivasankaran v. Nandhini Bogana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & C.M.P.No.13377 of 2026 Usha Sivasankaran W/o.Sivasanakaran, by Power Agent Rajkumar.J, S/o.Jothinathan, 1656, 21st Main Road, Aishwarya Colony, Anna Nagar West Chennai - 600 040.

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Appellant Vs.

1. Nandhini Bogana W/o.Late Sivadas Narayanan, 5550 Honor pkwy, Sacramento, California 95835-1700 Now temporarily residing at B-5 Sankalpa Apartments, No.3 Jayam Street, Thiruvanmiyur, Chennai - 600 041.

[Power agent recognized and cause title accepted vide court order dt.07.05.2026 made in CMP.No.12187/26 in WA.SR.No.81000/26]

2. The District Collector Chennai District, Chennai.

3. The Tahsildar Aminjakarai Taluk, Chennai.

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Respondents Prayer :Appeal filed under Clause 15 of the Letters Patent seeking to set aside the order dated 23.03.2026 in W.P.No.10833 of 2026 For Appellant :

Mr.M.Vijaya Kumar For Respondents :

Mr.Balan Haridas for R1 Mr.K.Kumaran Government Pleader for R2

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) This writ appeal assails the order dated 23.03.2026 passed in W.P.No.10833 of 2023, whereby, the learned Single Judge has allowed the writ petition filed by first respondent.

2. Appellant challenges the impugned order directing third respondent herein to grant legal heirship certificate of the deceased husband, to first respondent herein, based on the available

documents submitted.

3. Learned counsel for appellant submitted that appellant herein had already obtained legal heirship certificate. After passing of the impugned order, the legal heirship certificate granted to appellant was cancelled and a fresh legal heirship certificate was issued in favour of first respondent.

4. Learned counsel for appellant further submits that the learned Single Judge, without even issuing notice to appellant herein, had passed the impugned order, which is illegal and cannot be sustained.

5. On perusal of the records, it is found that the writ petition was disposed of at the admission stage itself without hearing appellant. Such an order affects appellant herein directly.

6. In view of the aforesaid, the order passed by the learned Single Judge is set aside and the matter is remanded back to the

learned Single Judge for deciding afresh. The learned Single Judge shall hear the matter and dispose of the same, after affording opportunity of hearing to appellant herein and pass a detail order thereafter. The order passed by third respondent, in compliance of the order passed by the learned Single Judge, shall be kept in abeyance till the final outcome of the writ petition.

7. Appeal is disposed of. There shall be no order as to costs. Consequently, the interim application is closed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 04.06.2026 Index :

Yes/No Yes/No kpl To

1. The District Collector Chennai District, Chennai.

2. The Tahsildar Aminjakarai Taluk, Chennai.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 04.06.2026