Minor Nambu Thishanthini v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P(MD) No. 1049 of 2026 Minor Nambu Thishanthini, Rep.Through Her Mother Krithika, W/o.Manikandan, No.24/8, Rithis Complex, Ramanathapuram District.

.. Petitioner - Vs. -

1. The Thasildhar, Rameshwaram Taluk, Ramanathapuram District.

(R1 is Amended Vide Court Order Dated 03.02.2026 in Wmp(MD)no. 2541 of 2026 in WP(MD)No.1049 of 2026 By RVJ)

2. The Village Administrative Officer, Rameshwaram Village, Ramanathapuram District.

3. Muthupagavathi

4. Senthilkumar

5. Aishwariya .. Respondents (R3 to R5 are Impleaded Vide Court Order Dated 03.02.2026 in WMP(MD)No.2511 of 2026 in WP(MD)No.1049 of 2026 By RVJ) 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing 1st Respondent to issue a Legal heir certificate to Petitioner's Minor Daughter namely, Minor.Nambu Thishanthini within the time fixed by this Court by considering the Petitioner's representation dated 15.12.2025.

For Petitioner(s) : Mr.A.Naresh Prabu For Respondent(s) : Mr.M.Mahaboob Athiff, Government Advocate for R1 and R2 : Mr.M.Kannan for R3 to R5

ORDER

Counter affidavit filed by respondents 3 to 10 is taken on record.

2. The petitioner, represented by her mother and natural guardian, is before this Court seeking a direction to the first respondent to issue a legal heir certificate in respect of her alleged deceased father, namely, Manikandan. According to the petitioner, Manikandan, during his lifetime, contracted a second marriage with the petitioner's mother, 2/6

Mrs. Krithika. The said Manikandan died on 20.10.2025. Thereafter, the petitioner submitted an application seeking issuance of a legal heir certificate, claiming that she is a Class-I legal heir of the deceased.

3. The third respondent is the admittedly wedded wife of the deceased Manikandan, and respondents 4 and 5 are his son and daughter born through the third respondent. Respondents 3 to 5 have categorically denied the claim of the petitioner that Manikandan had contracted a second marriage with Mrs. Krithika. According to them, Mrs. Krithika was married to one Muniyandi and has two daughters, namely, Ramya and Harini, aged about 24 and 22 years respectively.

4. The petitioner does not dispute the relationship of respondents 3 to 5 with the deceased Manikandan. In support of her claim that she is the daughter of the deceased, the petitioner has produced a birth certificate issued by the Greater Chennai Corporation. However, respondents 3 to 5 dispute the genuineness of the said document and contend that the birth certificate was obtained fraudulently. 3/6

5. The learned Government Advocate, on the basis of written instructions received from the authorities, submitted that the second respondent had conducted an enquiry and submitted a report stating that the petitioner is the daughter of the deceased Manikandan born through his alleged second marriage with Mrs. Krithika. However, it is evident that the said report was prepared without issuing notice to respondents 3 to 5 or affording them an opportunity to put forth their objections.

6. The issue as to whether the petitioner is the daughter of the deceased Manikandan is a disputed question of fact. Since the enquiry conducted by the second respondent was not preceded by notice to all interested parties, the report cannot form the sole basis for deciding the petitioner's claim.

7. In the above circumstances, this Court is of the view that the matter requires fresh consideration by the competent authority after affording an opportunity of hearing to all concerned parties. 4/6

8. Accordingly, the writ petition is disposed of directing the first respondent to consider the petitioner's representation dated 15.12.2025 on its own merits and pass appropriate orders in accordance with law, after conducting a proper enquiry and affording an opportunity of hearing to the petitioner as well as respondents 3 to 5.

9. The aforesaid exercise shall be completed within a period of two

(2) months from the date of receipt of a copy of this order.

10. There shall be no orders as to costs.

04.06.2026 Index :Yes / No NCC :Yes / No PJL To

1. The Thasildhar, Rameshwaram Taluk, Ramanathapuram District.

2. The Village Administrative Officer, Rameshwaram Village, Ramanathapuram District.

5/6

HEMANT CHANDANGOUDAR, J.

PJL 04.06.2026 6/6