Sathishkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sathishkumar ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildhar, Musiri Taluk Office, Musiri, Trichy District.

... 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 pertaining to the Impugned Order passed by the 3rd respondent in O.Mu.A2/27/2025 dated 09.01.2025 and quash the same as illegal and consequently direct the 3rd respondent to issue legal heir certificate of petitioner's deceased grandfather namely Chellan @ Chellan Muthiriyan in the name of petitioner's father namely Chellaiya, Chellammal @ Pappa, Selvarasu and Kamalam.

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For Petitioner : Mr.K.Arunraj For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition is filed challenging the rejection order of the petitioner's application for issuance of legal heir certificate of the deceased grandfather namely, Chellan @ Chellan Muthiriyan, who passed away on 27.03.1995 for the reason that the said Chellan @ Chellan Muthiriyan had more than one wives.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. The learned Government Advocate appearing for the respondents submitted that online portal for issuance of legal heir certificate will not accept the application seeking legal heir certificate for the persons, who have more than one wife and the rejection is automatic. 2/4

5. Considering the facts and circumstances of this case, the impugned order dated 09.01.2025 is hereby quashed. The petitioner is directed to make fresh application seeking for issuance of legal heir certificate of the deceased grandfather namely, Chellan @ Chellan Muthiriyan, in offline mode along with all necessary documents. On receipt of the same, the third respondent is directed to issue legal heir certificate to the petitioner's grandfather, within a period of six weeks from the date of receipt of the fresh application, after putting notice on all the children of the both wives of the petitioner's deceased grandfather.

6. With the above direction, this writ petition is allowed. No costs. 28.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildhar, Musiri Taluk Office, Musiri, Trichy District.

Order made in Dated:

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