Muppudathi v. The District Collector

W.P(MD)No.2119 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2119 of 2020 Muppudathi ... Petitioner Vs.

1) The District Collector, Tenkasi District, Tenkasi.

2) The Tahsildar, Veerakeralampudur Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.A1/2853/19 dated 30.09.2019 passed by the 2nd respondent and quash the same consequently direct the 2nd respondent to issue legal heir certificate to the petitioner.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.M.Murugan, Government Advocate

O R D E R

This Writ Petition has been filed seeking for a direction to call for the records pertaining to the impugned order in O.Mu.A1/2853/19 dated 30.09.2019 passed by the 2nd respondent and quash the same and to consequently direct the 2nd respondent to issue legal heir certificate to the petitioner.

2. The petitioner has challenged the order of rejection issued by the Tahsildhar, who is the second respondent herein, refusing to issue legal heirship certificate to the petitioner. Even while applying for legal heirship certificate, the petitioner has stated that she is the first wife and through her, the deceased Chellaiah had six children and through the 2nd wife, the deceased got three children and both wives are alive. Since the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2119 of 2020 said Chellaiah died on 11.04.2019, they are seeking for Legal heirship certificate for the purpose of receiving family benefits.

3. Admittedly, there are two wives and therefore, the second respondent has rejected the application directing the petitioner to go before the Civil Court and get their rights declared and obtain the legal heirship certificate. Therefore, there is no merit in this case, as the order passed by the second respondent does not suffer from any infirmity.

4. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1) The District Collector, Tenkasi District, Tenkasi.

2) The Tahsildar, Veerakeralampudur Taluk, Tenkasi District.

+1 CC to M/s.SPL.GP ( SR-5821[F] dated 12/02/2020 ) Order made in W.P(MD)No.2119 of 2020 Dated: 11.02.2020 KMV(CO) TR(03.03.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2