K.Amutha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36181 of 2024 K.Amutha

...Petitioner

Vs.

1. The District Collector Salem, Salem District-636001.

2. The Tahsildar Vazhapadi Salem District-636 115.

3. The Revenue Inspector Vazhapadi Salem District-636 115.

4. The Village Administrative Officer Kattuveppilaipatti Village, Vazhapadi Taluk, Salem District-636 111 ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the 2nd respondent to issue Legal heir certificate based on the representation of the petitioner dated 24.10.2024. For Petitioner : Mr.S.Murali Krishnan 1/4

For respondents : Mr.R.Neelakandan Additional Advocate General-VIII Assisted by Mr.S.Balamurugan Government Advocate

O R D E R

The petitioner herein seeks a direction to 2nd respondent to issue legal heirship certificate in respect of her deceased husband namely Mr.Krishnamoorthy.

2. It is the case of the petitioner that she is the wife of one Krishnamurthy, who died on 05.06.2021. The petitioner applied for legal heirship certificate on 18.07.2022 and the same was rejected by the 2nd respondent on the ground that the deceased had two wives. Disputing the status of alleged 1st wife and claiming herself as a legally wedded wife of the deceased, the petitioner submitted instant representation on 24.10.2024 and the same has not been considered. Hence, the petitioner has come before this Court.

3. Mr.R.Neelakandan, learned Additional Advocate General-VIII assisted by Mr.S.Balamurugan, learned Government Advocate, who takes notice for the respondents 1 to 4, on written instructions from 2nd respondent, submits that earlier the application submitted by the petitioner was rejected on 2/4

the ground that petitioner was the second wife of the deceased. The petitioner furnished only the details of her children suppressing the details of the 1st wife and her children. Therefore, the first application submitted by the petitioner was rejected by directing the petitioner to submit full details. Again, she submitted instant application seeking issue of legal heirship certificate and enquiry by the 2nd respondent is going on.

4. In view of the fact that enquiry by the 2nd respondent on the representation submitted by the petitioner is going on, this Court is inclined to direct the 2nd respondent to complete the enquiry and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 05.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

nr To

1. The District Collector Salem, Salem District-636001.

2. The Tahsildar Vazhapadi Salem District-636 115.

3. The Revenue Inspector Vazhapadi Salem District-636 115.

4. The Village Administrative Officer Kattuveppilaipatti Village, Vazhapadi Taluk, Salem District-636 111 W.P No.36181 of 2024 05.12.2024 4/4