Janaki Srinivasan v. The Thasildar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 24249 of 2025 Mrs.Janaki Srinivasan Petitioner(s) Vs The Thasildar Virudhachalam Taluk, Virudhcachalam, Cuddalore District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for records relating to the impugned order passed by the respondent vide Application No TN-720 50501621, Nill dated, and quash the same as illegal and consequently direct the respondent to issue legal heir certificate in favour of the petitioner as legal heirs of Late. S.Boovaraghamurthy respectively within the time that may be stipulated by this Court.

2/7 For Petitioner(s):

Mr.I.Calvin Jones For Respondent(s):

Mr.R.Neelakandan Additional Advocate General assisted by Mr.T.M.Rajangam Government Advocate

ORDER

This writ petition has been filed challenging the impugned online rejection of the application submitted by the petitioner seeking for issuance of legal heirship certificate in favour of the petitioner and the other legal heirs of Late S.Boovaraghamurthy.

2.Heard Mr.I.Calvin Jones, learned counsel appearing on behalf of the petitioner and Mr.R.Neelagandan, learned Additional Advocate General appearing on behalf of the respondent.

3.It is not in dispute that Late S.Boovaraghamurthy had died in the year 1954, and for some strange reasons, the legal heirship certificate is sought for after more than 80 years and the persons who have sought for the legal heirship

3/7 certificate on an average are more than 70 years and it spans up to 88 years. Obviously, the respondent was not able to get any particulars except what has been stated in the application by the petitioner. Therefore, the online rejection order came to be passed.

4.When the matter was taken up for hearing today, the learned Additional Advocate General appearing on behalf of the respondent produced the written instructions received from the respondent and the relevant portions are extracted hereunder:

4/7 5.In the considered view of this Court, it is too difficult for the respondent to come to any conclusion regarding the legal heirs of Late S.Boovaraghamurthy, since he died as early as on 05.01.1954. Therefore, unless and otherwise the petitioner and other legal heirs are able to produce some materials by way of statements of persons who are aware of Late S.Boovaraghamurthy and his family and also file necessary affidavit in that regard, there is no way the respondent can act upon the application. Hence, if the petitioner is able to present some material in terms of statements of persons who knows this family and also sworn affidavits are given by the petitioner and the other legal heirs, the same shall be considered by the respondent and

5/7 necessary decision shall be taken. This process shall be completed by the respondent, within a period of twelve weeks from the date of receipt of copy of this order.

6.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 18-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

6/7 To 1.The Thasildar Virudhachalam Taluk, Virudhcachalam, Cuddalore District

7/7 N.ANAND VENKATESH J.

ssr 18-06-2025