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Madras High CourtWP/49121/2025disposed of

Omprakash v. The District Collector

2025-12-15Honourable Mr Justice N. Sathish Kumar5 pages

2025:MHC:2903

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP No. 49121 of 2025 and WMP.No.54878 of 2025 OMPRAKASH Petitioner(s) Vs

1. The District Collector Office Of The District Collector, No.62, Rajaji Salai, Chennai-600 001 2.The Tahsildar Office Of The Tahsildar, Velachery, Chennai District.

3.The Commissioner, Greater Chennai Corporation, Chennai.

Respondent(s) PRAYER:Petition filed under Article 226 of the Constitution of India, calling for the records TN 720251004443 of the 2nd Respondent dated 04.12.2025 quashing the same and consequently directing the 2nd Respondent issue the legal heir certificate for the petitioner.

For Petitioner(s):

Mr.C.A.Diwakar for Mr.S.Seenuvasan For Respondent:

Mr.R.Neelakandan, AAG assisted by Mr.Yogesh Kannadasan for R1 & 2 Special Government Pleader Mrs.P.T.Ramadevi for R3 Standing Counsel

ORDER

Challenge has been made to the impugned order rejecting the application filed by the legal heirs on the ground that the petitioner has no furnished the details of all the legal heirs.

2. It is the case of the petitioner that the petitioner along with her sister Prabha are born to one Vellappan and mother Rosemary. Their biological mother left their father and lived with her mother. During the year 1979, the petitioner's father had married one Sarojini and they all lived in the same house. The petitioner's father died on 27.08.2024 and Sarojini died on 14.06.2025 issue-less. In this regard, she has also executed a will dated 21.03.2025 in favour of the petitioner, however, when the application was filed for issuance of legal heir certificate, the same has been returned. Hence, the writ petition.

3. The learned Additional Advocate General would submit that the application has been returned for not furnishing the details of all the legal heirs. Hence, the application was returned.

4. Heard both sides and perused the materials placed on record. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. It is the specific contention that the petitioner that though they all were living with Sarojini, Sarojini had no children through their father, the petitioner and his sister are born through his first wife Rosemary. Such view of the matter, let the second respondent conduct enquiry in this regard and on the basis of the enquiry, the second respondent shall issue legal heir certificate, if it is found that

the petitioner and his sister are alone the class I legal heirs of their father. If it is found in the enquiry that Sarojini had also begotten children through the petitioner's wife, their name shall also be included in the legal heir certificate. Such enquiry shall conducted by the second respondent within a period of one month from the date of receipt of a copy of this order after giving opportunity to the interested persons.

6. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 15-12-2025 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Office Of The District Collector, No.62, Rajaji Salai, Chennai-600 001 2.The Tahsildar Office Of The Tahsildar, Velachery, Chennai District.

3.The Commissioner, Greater Chennai Corporation, Chennai.

N.SATHISH KUMAR J.

dhk 15-12-2025