Lakshmi @ Esther Jayalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1178 of 2025 Lakshmi @ Esther Jayalakshmi ... Petitioner Vs.

1. The District Collector, O/o. District Collector, Dindigul District, Dindigul.

2. The Tahsildar, O/o. Tahsildar, Ottanchathiram, Dindigul District, Dindigul.

... 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 the impugned order of the 3rd respondent in Na.Ka.No.2454/2024/A2 dated 06.11.2024 and quash the same and further direct the 2nd respondent to issue required legal heirship certificate to the petitioner based on his application dated 28.10.2024.

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For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

Mr.S.Kameswaran, learned Government Advocate takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. This Writ Petition has been filed seeking to quash the impugned order dated 06.11.2024 passed by the third respondent and further, to direct the second respondent to issue legal heir certificate to the petitioner based on his representation dated 28.10.2024.

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner's application for grant of legal heir certificate has been 2/5

rejected on the ground that the deceased person had two wives and the petitioner who is the second wife, has made an application for grant of legal heir certificate.

5. The learned Government Advocate on instruction submitted that the application for the issuance of legal heir certificate was submitted through the online portal. However, the online portal does not have the facility to accept the petitioner's application. In view of the same, the said application was rejected.

6. It is brought to the notice of this Court by the learned Counsel for the petitioner that the deceased person namely Anbunathan, was first married to the late wife, who predeceased him. After her death, the petitioner married the petitioner. The deceased person had children through both the wives.

7. In view of the same, the petitioner is directed to make an application offline and on receipt of the said application, the second respondent is directed to consider and pass an appropriate orders by issuing a legal heir certificate, within a period of eight (8) weeks from the date of receipt of a copy of this order, after putting notice on all the legal heirs. 3/5

8. With the above said direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-

1. The District Collector, O/o. District Collector, Dindigul District, Dindigul.

2. The Tahsildar, O/o. Tahsildar, Ottanchathiram, Dindigul District, Dindigul.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 22.01.2025 5/5