M. Maruthayee v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M. Maruthayee ... Petitioner Vs.

The Tahsildar, Pugalur Taluk, Karur District.

... Respondent 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 relating to the undated impugned order passed by the respondent in TN-720240911485 and quash the same as illegal and consequently to direct the respondent herein to issue legal heirship certificate of petitioner's husband, namely, Muthusamy who died on 09.02.2016 by considering his application dated 11.09.2024 within a time frame fixed by this Court.

For Petitioner : Mr.J. Senthil Kumaraiah For Respondent : Mr.S.Kameswaran Government Advocate 1/4

ORDER

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

2. This Writ Petition is filed challenging the rejection of the application for the legal heir certificate of the petitioner's deceased husband.

3. The petitioner, namely, Maruthayee, made an application an application on 11.09.2024, seeking legal heir certificate for her deceased husband, namely, Muthusamy. However, the same came to be rejected on the ground that the deceased person's permanent address was in Andaman and Nicobar Island, as per the death certificate issued by the Registrar of Births and Deaths in Andaman and Nicobar Island. However, the petitioner claims that her husband worked in Andaman and Nicobar Island, but their native is at Karur. Therefore, before rejecting the petitioner's application, the respondent ought to have issued a notice on her and conducted proper inquiry before passing any orders.

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4. In view of the same, the impugned order is hereby quashed and remanded back to the respondent for putting notice on the petitioner and other interested parties and make verification as to the nativity and issue appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is allowed. No costs. 24.01.2025 NCC : Yes / No Index : Yes / No jbr TO:- The Tahsildar, Pugalur Taluk, Karur District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 24.01.2025 4/4