Madras High CourtWP/45345/2025disposed of with direction

Murugeshwari v. The District Collector

2025-11-25Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.50497 of 2025 Murugeshwari W/o.Late.S.Mariappan, No.26, Subanam Avenue, th Street, Revathipuram, Aiyyancherri, Oorapakkam, Chengalpattu District - 603 210.

Petitioner(s) Vs

1. The District Collector Collectorate, GST Road, Chengalpattu, Chengalpattu District - 603 001.

2.Revenue Divisional Officer O/o.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District - 603 001 3.The Tahsildar Taluk Office, Chengalpattu, Chengalpattu District 4.The Village Administrative Officer,

Kattankulathur Village, Kattankulathur, Chengalpattu District - 603 203 Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 3 rd respondent in Application No.TN-720250918777 dated 18.9.2025 quash the same and direct the 3 rd respondent to issue legal heirship certificate based on the petitioner's Application. For Petitioner(s):

Mr.R.N.Amarnath For Respondent(s):

Mr.M.Rajendiran, Additional Government Pleader

ORDER

This writ petition is filed for calling for the records pertaining to the order passed by the 3 rd respondent in Application No.TN-720250918777 dated 18.9.2025, quash the same and consequently, direct the 3 rd respondent to issue legal heirship certificate based on the petitioner's Application.

2.The learned counsel for the petitioner would submit that the petitioner is the wife of one Mariappan and that they were blessed with one male child namely Surendhar born on 19.01.2008. Thereafter, due to a matrimonial dispute between the petitioner and her husband, the petitioner filed a divorce petition before the Principal Subordinate Judge, Chengalpattu in HMOP No.11 2013 and a consent divorce was granted on 12.01.2015 and subsequently, the petitioner's divorced husband died on 18.06.2025. Thereby, on behalf of the petitioner's son, the petitioner made an application for issuance of legal heir certificate to her son Surendhar before the third respondent on 18.09.2025. However, the same was rejected, without assigning any reasons. Therefore, the learned for the petitioner would pray that the impugned order be set aside and a direction be issued to the respondents to issue legal heir certificate to her son Surendhar. 3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.

4.This Court is of the view that since the petitioner has divorced her husband late. Mariappan, she is not entitled to get a legal heir certificate, however, their son namely, Surendhar is entitled to get a legal heir certificate. Therefore, the impugned order passed by the third respondent is set aside and matter is remanded back to the third respondent for fresh consideration. The petitioner is directed to file the necessary documents such as the Birth Certificate of the petitioner's son, the divorce order obtained before the Principal Subordinate Court, Chengalpattu etc., before the third respondent and thereafter, the third respondent is directed to consider the application of the petitioner and pass necessary orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner and to any other aggrieved party. 5.The Writ Petition is accordingly disposed of. No costs. Consequently,

the connected miscellaneous petition is closed. 25-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The District Collector Collectorate, GST Road, Chengalpattu, Chengalpattu District - 603 001.

M.DHANDAPANI J.

Tsg

25-11-2025