← Library
Madras High CourtWP/23834/2025allowed

Manoj Kumar Jain v. The State Of Tamilnadu

2025-07-03Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Manoj Kumar Jain S/o Late Shri. Ratan Lal Jain (Bohra) Petitioner(s) Vs

1. The State Of Tamilnadu Rep By Its Secretary To Government, Department Of Revenue And Disaster Management, Fort St. George, Chennai 600 009 2.The District Collector 3.The Tahsildar South Taluk Office, 4.The Zonal Deputy Tahsildar (ZDT), South Taluk Office, Coimbatore 641 5.The Revenue Inspector (R1) South Taluk Office,

6.The Village Administrative Officer (VAO) South Taluk Office, 7.The Office Of The Income Tax Officer Non Corp Ward 1(4) Coimbatore 641 018 Respondent(s) PRAYER To rejection orders passed by 3 rd Respondent in bearing Reference Nos. TN720250527122 and TN- 720250605102 dated 04.06.2025 and 17.06.2025 based on the petitioner application dated 27.05.2025 and 05.06.2025 for issue a Legal heriship Certificate of the petitioner father and quash the same in accordance with law.

For Petitioner:

For Respondent:

Mr.Manoj Kumra Jain (party in person) Mr.R.Neelakandan, Additional Advocate General asst by Mr.T.M.Rajangam, Government Advocate for R1-7

ORDER

This writ petition has been filed challenging the impugned online rejection order of the 3 rd respondent dated 04.06.2025 and 17.06.2025 and for the consequential direction to the 3 rd respondent to issue legal heirship certificate pursuant to the demise of the petitioner's father.

2. Heard Mr.Manoj Kumra Jain, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General asst by Mr.T.M.Rajangam, learned Government Advocate for respondents 1 to 7.

3. The case of the petitioner is that his father Shri.Ratan Lal Jain (Bohra) married one Smt.Indu Bala Bohra. Out of this wedlock, the Lokesh Kumar Jain was born in the year 1984 and the petitioner viz., Manoj Kumar Jain was born in the year 1986. The further case of the petitioner is that the petitioner's father died on 13.06.1999. The petitioner's mother was thereafter married on 17.06.2018. Hence, for the present, the legal heirs of the deceased are the petitioner and his elder brother.

4. The petitioner submitted an application seeking for issuance of legal heirship certificate. The 3 rd respondent has rejected the same, on the ground that there is no mentioning about the names of the mother and father of the deceased person. Aggrieved by the same, the present writ petition has been filed.

5. In the considered view of this Court, the materials placed before this Court shows that the deceased Shri.Ratan Lal Jain left behind his two sons as his legal heirs. His wife, who is the mother of the petitioner is already married to another person and the same is evident from the marriage certificate dated 17.06.2018. Therefore, there is no ground to reject the application submitted by

the petitioner seeking legal heirship certificate, since the petitioner wants to produce the same before the Income Tax department.

6. In the light of the above discussions, the online rejection orders in Reference Nos. TN- 720250527122 and TN- 720250605102 dated 04.06.2025 and 17.06.2025 are quashed and there shall be a direction to the petitioner to submit an affidavit before the 3 rd respondent stating that his mother is already married and also produce the particulars of the father and mother of the deceased, and if they are already dead, the same shall also be mentioned in the affidavit. On receipt of the same, the 3 rd respondent shall issue the legal heirship certificate within a period of four weeks from the date of receipt of a copy of this order.

7. In the result, the writ petition is allowed on the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 03-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Of Tamilnadu Rep By Its Secretary To Government, Department Of Revneue And Disaster Management, Fort St. George, Chennai 600 009 2.The District Collector 3.The Tahsildar South Taluk Office, Coimbatore 641 4.The Zonal Deputy Tahsildar (zdt), South Taluk Office, Oimbatore 641 5.The Revenue Inspector (r1) South Taluk Office, Coimbatore 641 6.The Village Administrative Officer (vao) South Taluk Office, Coimbatore 641 7.The Office Of The Income Tax Officer Non Corp Ward 1(4) Coimbatore 641

N.ANAND VENKATESH J.

gd 03-07-2025