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Madras High CourtWP/18861/2024disposed of

Lydia Jasmine Leetus v. The Revenue Divisional Officer

2025-07-21Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Lydia Jasmine Leetus W/o.Late.V.Chelladurai Petitioner(s) Vs

1. The Revenue Divisional Officer South Chennai Division, Annasalai Guindy, Chennai-600 032.

2.The Tahsildar 15/17, Military Quarters, Alandur Taluk, Chennai-600 016.

Respondent(s) PRAYER Directing the 1 st respondent to issue fresh Legal Heir Certificate based on the petitioner's representation dated 15.06.2024 by deleting her mother-in-law's name Ayyammal in the legal heir certificate issued by the 2 nd respondent in TN720240415144 dated 04.05.2024. For Petitioner(s):

Mr.J.R.Rajesh

For Respondent(s):

Mr.R.Neelakandan asst by Mr.P.Ganesan Government Advocate for R1&2

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to deal with the representation made by the petitioner dated 15.06.2024, wherein the petitioner is seeking for deleting the name of her mother-in-law, Ayyammal from the legal heirship certificate issued by the second respondent dated 04.05.2024.

2.Heard Mr.J.R.Rajesh, learned counsel for the petitioner and Mr.R.Neelakandan, learned counsel assisted by Mr.P.Ganesan, learned Government Advocate for the 1 st and 2 nd respondents.

3. The main ground that has been raised by the learned counsel for the petitioner is that the petitioner is the wife of the deceased and they had a daughter and a son. Instead of mentioning the name of the petitioner and her children in the legal heirship certificate, the name of the mother-in-law of the petitioner, was also included. Aggrieved by the same, the petitioner submitted representation to remove the name of the 1 st respondent.

4. In the considered view of this Court, the legal heirship certificate is

more in the nature of a relationship certificate. Even as per the G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, dated 13.03.2024, the relationship of the mother and father to that of the deceased can also be mentioned in the legal heirship certificate. That by itself will not give any right to the Class 2 legal heirs to claim any priority over the Class 1 legal heirs. They will always be governed by their personal law and the entitlement over the property left by the deceased can be decided only in the line with the personal law and it cannot be done in line with the legal heirship certificate issued by the Tahsildar. This clarification will sufficiently take care of the grievance expressed by the petitioner. It is reiterated that the name of the third respondent has been included in the legal heirship certificate only to show her relationship with the deceased as the mother of the deceased.

5. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 21-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Revenue Divisional Officer South Chennai Division, Annasalai Guindy, Chennai-600 032.

2.The Tahsildar 15/17, Military Quarters, Alandur Taluk, Chennai-600 016.

N.ANAND VENKATESH J.

gd 21-07-2025