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Madras High CourtWP/34229/2025disposed of with direction

D.Visalakshi v. The Tahsildhar

2025-09-10Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI D.Visalakshi Petitioner(s) Vs The Tahsildhar Mambalam Taluk, Chennai 78 Respondent(s) This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to conduct detail enquiry in respect of deceased A. Durai and issue legal heir certificate by considering the petitioner representation dated 13.08.2025.

For Petitioner(s):

Mr.S.Kumaresan For Respondent:

Mr.R.Neelakandan, AAG Assisted by Mrs.S.Abitha, SGP

ORDER

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. The Writ Petition has been filed seeking a direction to the respondent to conduct detail enquiry in respect of deceased A. Durai and issue legal heir certificate by considering the petitioner representation dated 13.08.2025.

3. It is the grievance of the petitioner that the deceased Durai got married with one Kullammal as first wife and the petitioner as second wife. The deceased Durai got allotment of the property from the Slum Clearance Board which clearly reveals the family members of the second wife. After the demise of Durai, the Board executed a sale deed in the name of the first wife as a Kartha of the Family. Subsequently, the first wife settled the property to her daughter viz., Rajeswari by way of settlement deed without knowledge of the petitioner. Therefore, the petitioner filed a suit as against the said Rajeswari. Further, the petitioner made a representation before the respondent on 13.08.2025 seeking to include the name of the petitioner and other legal heirs of the said Durai and the same was not considered. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.

5. On the other hand, the learned Additional Advocate General submitted that the respondent will be considered the representation made by the petitioner and appropriate orders will be passed on merits within the time frame to be fixed by this court.

6. Heard the learned counsel for the petitioner and the learned Additional Advocate General appearing on behalf of the respondent and perused the materials available on record.

7.Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, the respondent is directed to consider the representation made by the petitioners dated 13.08.2025, after providing opportunity to the necessary parties, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

8.With the above direction, the writ petition stands disposed of. No costs. 10-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

The Tahsildhar M.DHANDAPANI J.

rli Mambalam Taluk, Chennai 78 W.P.no.34229 of 2025 10.09.2025