Vasantha v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.25873 of 2025 and WMP No.29094 of 2025 1.Vasantha 2.Kumari 3.Ishwarya .... Petitioners .Vs.

1.The Tahsildar Taluk Office 69/40, Anna Salai Next to MGR Medical University Chennai 600 002.

2.The Revenue Inspector Taluk Office 69/40, Anna Salai Next to MGR Medical University Chennai 600 002.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order dated 22.05.2025 passed by the 1st respondent and quash the same as arbitrary and illegal and order the respondents to issue legal heir 1 / 6

certificate to the petitioners, recognizing them as legal heirs of Mrs.(late) Pachiammal.

For Petitioners :

Mr. V.Pavel For Respondents :

Mr.R.Neelakandan Additional Advocate General Asst.by Mr.T.M.Rajangam Government Advocate for R1 & R2

ORDER

This writ petition has been filed challenging the on-line rejection order of the 1st respondent dated 22.5.2025 and for a direction to the respondents to issue legal heirship certificate by recognizing them as the legal heirs of late Pachiammal. 2.Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents.

3.The specific case of the petitioners is that the 1st petitioner's father K.S.Mani married one Dhanalakshmi. He also seems to have married Pachiammal who acted as the step mother of the 1st petitioner and her brother Monoharan. The 2 / 6

2nd petitioner is the wife of Manoharan and the 3rd petitioner is the daughter of Manoharan. Manoharan died on 24.1.2014. Dhanalakshmi died on 18.8.2005. Father K.S.Mani died on 25.7.2000. Pachiammal died on 24.02.1998. 4.The 1st petitioner and the legal heirs of late Manoharan applied for legal heirship certificate in order to recognize them as the step children of Pachiammal. Since the same was not considered, the present writ petition has been filed before this Court.

5.The cause of action for filing the present writ petition seems to have arisen since the said Pachiammal has left behind properties and the petitioners are claiming for a right over those properties by placing reliance upon Section 15 and 16 of the Hindu Succession Act, 1956.

6.The relevant Government order in GO.Ms.No.110 dated 13.3.2024, does not cover the relationship of step children with the step mother. The legal heirship certificate is more in the nature of a relationship certificate indicating the names of 3 / 6

the persons and their relationship with the deceased. The Government order itself provides in whose favour such legal heirship certificate will be given. 7.It is an admitted case that the said Pachiammal was married by the 1st petitioner's father during the subsistence of the marriage with Dhanalakshmi. It is also admitted that the 1st petitioner and her brother Manoharan were born to the said Dhanalakshmi. Probably, they were taken care by Pachiammal. Thus, they are claiming to be the step children of Pachiammal. Such a relationship is not contemplated under the relevant Government order and therefore, no legal heirship certificate can be granted in favour of the petitioners. 8.

It is made clear that if the petitioners have any right over the property belonging to Pachiammal, they have to independently workout their remedy before the competent Civil Court and for that purpose, the petitioners need not insist for issuance of legal heirship certificate. They have to establish their right independently dehors the legal heirship certificate. Except giving this clarity, no further orders can be passed in this writ petition.

9.This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 18.8.2025 Index : Yes/No NCS : Yes/No KP To 1.The Tahsildar Taluk Office 69/40, Anna Salai Next to MGR Medical University Chennai 600 002.

2.The Revenue Inspector Taluk Office 69/40, Anna Salai Next to MGR Medical University Chennai 600 002.

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N.ANAND VENKATESH, J.

KP Writ Petition No.25873 of 2025 18.8.2025 6 / 6