S.Lalitha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Lalitha W/o.Late J.Sankar Petitioner Vs 1.The District Collector, First Floor, Collectorate, Tiruvallur - 602 001.

2.The Tahsildhar, Poonamallee - Taluk, Chennai-Thiruvallur High Road, Gandhi Nagar, Poonamallee, Chennai - 600 053.

3.K.Rani W/o.Late J.Sankar Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to issue legal heirship certificate to the petitioner as legal heirs of deceased J.Sankar (a) S.Lalitha (b) S.Nethaji (c) S.K.Indira (d)S.Palanivel (e) S.Nithya and (f) S.Priyadharshini based on the application filed by the petitioner dated 28.08.2024 to the second 1/4

respondent within a stipulated time.

For Petitioner : Mr.N.P.Prashannaa For Respondents : Mr.R.Neelakandan, Additional Advocate General assisted by Mr.T.M.Rajangam, Government Advocate [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to issue legal heirship certificate of the deceased J.Sankar by adding the name of the petitioner, children born to the petitioner and the child born to the third respondent, who was the second wife of the deceased J.Sankar.

2. Heard Mr.N.P.Prashannaa, learned counsel for petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.T.M.Rajangam, learned Government Advocate appearing for respondents 1 and 2.

3. The petitioner was married to one Sankar on 04.06.1971 and through the wedlock, there are two sons and two daughters. Thereafter, 2/4

the said Sankar seems to have developed relationship with the third respondent and married her and through the relationship, one daughter was born. The said Sankar died on 15.12.2023. The petitioner obtained the death certificate and applied for legal heirship certificate through online mode on 28.08.2024 to the first respondent. The grievance of the petitioner is that the application is kept pending and the petitioner was insisted to get no objection from the third respondent. It is under these circumstances, the present writ petition came to be filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the second respondent to act upon the application submitted by the petitioner and to grant the legal heirship certificate by adding the name of the petitioner, children born to the petitioner and also the child born to the third respondent without insisting for no objection from the third respondent. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. N.ANAND VENKATESH, J gm 3/4

This writ petition is disposed of with the above direction. No costs.

13.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The District Collector, First Floor, Collectorate, Tiruvallur - 602 001.

2.The Tahsildhar, Poonamallee - Taluk, Chennia-Thiruvallur High Road, Gandhi Nagar, Poonamallee, Chennai - 600 053.

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