Karamathulla v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Karmathulla Petitioner versus The Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the respondent passed in his proceedings in Letter No.Na.Ka.2448/B2 dated 17.07.2025 and quash the same and consequently direct the respondent to issue legal heir certificate of deceased Malika Bee, who died on 27.01.2024 to the petitioner. For Petitioner : Ms.M.Jayanthi For Respondent : Mr.R.Neelakandan AAG assisted by Mr.T.M.Rajangam Government Advocate

O R D E R

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This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the respondent passed in his proceedings in Letter No.Na.Ka.2448/B2 dated 17.07.2025 and quash the same and consequently direct the respondent to issue legal heir certificate of deceased Malika Bee, who died on 27.01.2024 to the petitioner.

2. The case of the petitioner is that one Maalaika Bee, who is the unmarried aunt of the petitioner died and hence the petitioner sought for an issuance of the legal heir certificate, however, the same has been rejected, hence this petition.

3. The learned counsel for the petitioner would submit that one Maalaika Bee is the daughter of Ismail and Chottiya Bee and after the death of Ismail, Chottiya Bee married Yahoob and the petitioner, being grandson of Yahoob is entitled for the legalheirship certificate of Malaika Bee, thereby pleaded to allow the present petition.

4. Per contra, the learned Additional Advocate General appearing for the respondent drawn the attention of this Court to 2/4

G.O.(Ms.)No.110 dated 13.03.2024 [Revenue and Disaster Management, Revenue Administration wing, RA-3(2) Section dated 13.03.2024 and submitted that in case of death of un-married person, (i) Parents of the deceased (ii) Siblings (Brothers and Sisters) of the deceased are only entitled for the legal heirship certificate, thereby pleaded to dismiss the petition.

5. Considering the facts and circumstances of the case and taking note of the fact that as per G.O.(Ms.)No.110 dated 13.03.2024 [Revenue and Disaster Management, Revenue Administration wing, RA3(2) Section dated 13.03.2024, in case of death of un-married person, (i) Parents of the deceased (ii) Siblings (Brothers and Sisters) of the deceased are only entitled for legal heirship certificate and the fact that the petitioner does not belong to either of them, the present petition is liable to be dismissed.

M.DHANDAPANI, J., Accordingly, the present Writ Petition is dismissed with liberty 3/4

to the petitioner to approach the competent civil court in the manner known to law. No costs.

02.09.2025 Index:Yes/No Internet:Yes/No Speaking /Non speaking Judgment To The Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District 4/4