K.Marathal v. Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.37582 of 2024 K.Marathal

...Petitioner

Vs.

1.Tahsildar Perur Taluk Office, Coimbatore District-641 010. 2.Revenue Inspector Alandurai, Perur Taluk, Coimbatore District-641 101. 3.Village Administrative Officer Mathuvarayapuram Village, Perur Taluk, Coimbatore District-641 114.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of web order of 1st respondent relating to TN-7202408201653 dated 20.08.2024 and quash the same and directing the 1st respondent to issue legal heir certificate for the deceased Krishnasamy Gounder as prayed by petitioner in her representation dated 28.09.2024.

For Petitioner : M/s.M.Kameswaran For Respondents : Mr.R.Neelakandan Additional Advocate General assisted by Mr.V.Ramesh Government Advocate 1/4

O R D E R

The writ petition is filed challenging the order passed by the 1st respondent rejecting the request of the petitioner for issue of Legal Heir Certificate for her deceased husband Mr.Krishnasamy Gounder.

2. When the writ petition is taken up for hearing, the learned Additional Advocate General assisted by learned Government Advocate appearing for the respondents, on written instructions from 1st respondent in his proceedings vide Na.Ka.No.5332/2024/A1 dated 08.01.2025, submits that on enquiry the 1st respondent came to know that petitioner is the second wife of the deceased. It is further stated that petitioner married the deceased after death of his 1st wife and deceased had two sons and one daughter through first wife and one daughter through second wife. It is also stated in the written instructions that request of the petitioner for issue of legal heir certificate will be considered and the same will be issued within a period of two weeks. The said statement made by the learned Additional Advocate General based on written instructions is recorded. Accordingly, the impugned order passed by the 1st 2/4

respondent is set aside and he is directed to consider the application of the petitioner for issue of legal heir certificate and pass final orders on its' own merits within a period of two weeks from the date of receipt of copy of this order. No costs.

09.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.Tahsildar Perur Taluk Office, Coimbatore District-641 010. 2.Revenue Inspector Alandurai, Perur Taluk, Coimbatore District-641 101. 3.Village Administrative Officer Mathuvarayapuram Village, Perur Taluk, Coimbatore District-641 114.

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S.SOUNTHAR , J.

nr W.P No.37582 of 2024 09.01.2025 4/4