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Madras High CourtWP/24148/2025disposed of

Samson R K v. The District Collector

2025-07-04Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and W.M.P.Nos.27610, 27165, 27166 and 27169 of 2025 1.Samson R.K.

2.M.Melvin Samuel (Minor) represented by his Father (Natural Guardian) 1st petitioner 3.S.Marvin (Minor) represented by his Father (Natural Guardian) 1st petitioner ... Petitioners Vs 1.The District Collector District Collector Office Tiruvallur District.

2.The Tahsildar Tiruttani Taluk Tiruvallur District.

3.The Commissioner of Police Avadi Police Commissionerate Avadi, Chennai 600 054.

4.The Assistant Commissioner Avadi Police Commissionerate Avadi, Chennai 600 054.

5.The Inspector of Police W37, All Women Police Station, Pattabiram, Chennai 600 072.

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6. Mohandoss 7.Sheeba @ Murugamma

...Respondents

PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the legal heir certificate No.TN720250401595 dated 15.04.2025 issued by the 2nd respondent and quash the same and further direct the 2nd respondent to issue a legal heirship certificate to the petitioner after conducting proper enquiry on the application of the petitioner in accordance with law. For Petitioner :

Mr.A.M.Packianathan Easter For Respondents:

Mr.R.Neelakandan Additional Advocate General Assisted by Mr.G.Velu Additional Government Pleader - for RR 1 and 2

ORDER

This writ petition has been filed for challenging the legal heirship certificate issued by the second respondent dated 15.04.2025, wherein the names of the respondents 6 and 7, who are the parents of the deceased were added and for a consequential direction to the second respondent to issue fresh legal heirship certificate by including only the names of the petitioners.

2. Heard Mr.A.M.Packianathan Easter, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.G.Velu, learned Additional Government Pleader for the 2/7

respondents 1 and 2.

3. The grievance of the petitioners is that the first petitioner's wife died on 20.03.2025. The second respondent had issued a legal heirship certificate, wherein he has also included the names of the respondents 6 and 7 who are the parents of the deceased. According to the learned counsel for the petitioner, their names should not have been added in the legal heirship certificate and taking advantage of the same, they are making a claim for the terminal benefits of their daughter.

4. In the considered view of this court, pursuant to the judgment of the Full Bench of this Court in W.P.No.25247 of 2021 etc., cases dated 04.01.2023, G.O.Ms.No.110 dated 13.03.2024 was issued. It was made clear that the certificate that is issued by the authority is more in the nature of a relationship certificate indicating the names of the persons and their relationship with the deceased.

5. In view of the same, the names of the respondents 6 and 7 that have been included in the legal heirship certificate is only to the effect that they are the parents of the deceased. That by itself will not entitle the respondents 6 3/7

and 7 to claim any terminal benefits. In fact, even in the legal heirship certificate it has been made clear that this certificate cannot be equated to a succession certificate issued by the Court and the certificate issued by the Tahsildar does not affect the legal right of any party and has no bearing on the status of the legal heir which is conferred on any individual as per his / her personal law. Therefore, mere issuing of a legal heirship certificate does not determine the rights of the parties.

6. This above clarity will sufficiently take care of the grievance expressed by the petitioners. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 04.07.2025 1/2 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/7

To 1.The District Collector District Collector Office Tiruvallur District.

2.The Tahsildar Tiruttani Taluk Tiruvallur District.

3.The Commissioner of Police Avadi Police Commissionerate Avadi, Chennai 600 054.

4.The Assistant Commissioner Avadi Police Commissionerate Avadi, Chennai 600 054.

5.The Inspector of Police W37, All Women Police Station, Pattabiram, Chennai 600 072.

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N.ANAND VENKATESH J.

KST WP No. 24148 of 2025 6/7

04.07.2025 7/7