Akila v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Akila W/o.Late Ravi ... Petitioner in both W.Ps.
vs.
1.The District Collector, Perambalur District.
2.The Tahsildar, Veppanthattai Taluk, Perambalur District.
... Respondents in both W.Ps.
Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to issue (i) the Birth Certificate in pursuance to the online application vide No.2022/9005/16/362202/0510 dated 10.05.2022 and (ii) the legal heirship certificate in pursuance to the online application vide No.7202504151519 dated 15.04.2025 within a time frame fixed by this Court.
For Petitioner : Mr.G.Ilamurugu [in both W.Ps.] For Respondents : Mr.R.Neelakandan [in both W.Ps.] Additional Advocate General assisted by Mr.T.M.Rajangam, Government Advocate ***** COMMON ORDER 1/4
These writ petitions have been filed seeking issuance of birth certificate and legal heirship certificate based on the online application submitted by the petitioner on 10.05.2022 and 15.04.2025 respectively.
2. Heard Mr.G.Ilamurugu, learned counsel for petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.T.M.Rajangam, learned Government Advocate appearing for respondents.
3. The specific case of the petitioner is sthat he was married to one Ravi and he died on 09.03.2025. A death certificate was also issued on 19.03.2025. The further case of the petitioner is that the petitioner and her husband adopted one Arnesh and he was brought up as an adopted son. Even during the life time of the petitioner's husband, an application was submitted on 10.05.2022 seeking for birth certificate of the said Arnesh. After the demise of Ravi, an application was submitted seeking for legal heirship certificate on 15.04.2025. Since both applications were not considered, the present writ petitions have been filed before this Court.
4. Learned Additional Advocate General appearing for the 2/4
respondents, based on the written instructions received from the Tahsildar, submitted that there is absolutely no document available to prove the adoption of the said Arnesh. Learned Additional Advocate General submitted that unless and otherwise the said adoption is established by the petitioner, the birth certificate cannot be issued. That apart, even in the legal heirship certificate, the name of the adopted son cannot be included unless the adoption is proved and at the best, only the name of the petitioner and the parents of the said Ravi can be included in the legal heirship certificate.
5. It is not necessary for this Court to go into the issue as to whether there is a valid adoption. It is left open to the second respondent, viz., Tahsildar to conduct an enquiry and ascertain as to whether there was any adoption of the said Arnesh during the life time of the said Ravi. The same can be established by way of recording statements and by collecting relevant documents. Ultimately, a decision shall be taken in both the applications that are pending before the second respondent within a period of eight (8) weeks from the date of receipt of a copy of this order.
N.ANAND VENKATESH, J 3/4
gm These writ petitions are disposed of with the above direction. No costs.
19.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 1.The District Collector, Perambalur District.
2.The Tahsildar, Veppanthattai Taluk, Perambalur District.
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