Kamalammal v. The District Collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Kamalammal Petitioner(s) Vs

1. The District Collector Krishnagiri District 2.The Sub Collector Hosur, Krishnagiri District 3.The Thashildar Denkanokottai Taluk Krishnagiri District 4.Kaveriyappan 5.Narayanasamy 6.Mayakannan Respondent(s)

2/8 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Directing the respondents to cancel the lega1 heir certificate dated 03.09.2016 in pa. mu a 5044/2016 (Bb1) and thereby directing the 1 to 3 respondents to issue fresh legal heir certificate by including name of this petitioner by considering representation dated 03.09.2016. For Petitioner(s):

Mr.S.Kumaresan For Respondent(s):

Mr.R.Neelagandan Additional Advocate General assisted by Mr.T.M.Rajangam Government Advocate for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the official respondents to cancel the legal heir certificate dated 03.09.2016 and to issue a fresh legal heir certificate by including name of the petitioner by considering the representation made by the petitioner on 03.09.2016. 2.Heard Mr.S.Kumaresan, learned counsel appearing on behalf of the petitioner and Mr.R.Neelagandan, learned Additional Advocate General appearing on behalf of respondents 1 to 3.

3/8 3.The case of the petitioner is that she is the daughter of one Perumal. The said Perumal died on 05.01.1991. A legal heir certificate dated 03.09.2016 was issued by the 3rd respondent without including the name of the petitioner. Hence, the petitioner made a representation seeking for cancellation of the legal heir certificate and to include her name in the legal heir certificate and issue a fresh certificate. Since the same was not considered, the present writ petition has been filed before this Court.

4.In the considered view of this Court, the legal heirship certificate which has already been granted need not be cancelled, since the names of those persons found in the legal heirship certificate are infact the legal heirs of late Perumal. The actual grievance expressed by the petitioner is that she is the daughter of the said Perumal and her name has not been included in the legal heirship certificate. If that is so, the petitioner has to seek for adding her name in the legal heirship certificate and for issuance of a fresh legal heirship certificate. That apart, it is seen that the representation is of the year 2016 and

4/8 the present writ petition has been filed in the year 2025. Therefore, no useful purpose will be served by directing the official respondents to deal with the representation of the year 2016.

5.In the light of the above discussion, there shall be a direction to the petitioner to submit a fresh online application to the 3rd respondent seeking for adding her name in the legal heirship certificate by paying necessary charges. The 3rd respondent shall conduct an enquiry and ascertain the fact as to whether the petitioner is the daughter of the deceased Perumal. A decision shall be taken, within a period of four weeks from the date of receipt of the fresh online application from the petitioner.

6.This writ petition is disposed of with the above directions. No Costs. 05-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

5/8 ssr

6/8 To

1. The District Collector Krishnagiri District 2.The Sub Collector Hosur, Krishnagiri District 3.The Thashildar Denkanokottai Taluk Krishnagiri District

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8/8 N.ANAND VENKATESH J.

ssr 05-06-2025