Madras High CourtWP(MD)/3170/2026disposed of

R.Umasankari v. The Tahsildar

2026-02-05Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.3170 of 2026 R.Umasankari

...Petitioner

Vs The Tahsildar, Taluk Office, Srivilliputhur.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the Respondent in Proceedings No.O.Mu.A. 4/4187/2025 dated 09.01.2026, quash the same as illegal, and consequently direct the Respondent to issue Clause II Legal Heir Certificate in favour of the petitioner based on her application dated 03.12.2025. For Petitioner : M/s.D.Senthil For Respondent : M/s.M.Gangadharan Government Advocate * * * * * 1/4

ORDER

The present writ petition has been filed seeking to quash the order passed by the respondent herein on 09.01.2026, wherein the request to the petitioner for issuance of legal heir certificate has been rejected on the ground that the petitioner is a class-II legal heir.

2. A perusal of the records reveal that the petitioner's father namely, Rajan had two wives, namely, Palaniammal, who is the first wife and Saraswati, who is the second wife. Palaniammal had died without any issues. The petitioner is the daughter through Saraswati. The petitioner has made an application seeking legal heir certificate to the effect that she is the legal heir of Palaniammal. The said request has been rejected on the ground that the petitioner is the Class II legal heir. Hence, the present writ petition.

3. The Government of Tamil Nadu has issued G.O.(Ms).No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022. This Government Order was amended by G.O.Ms.No.110 of the same department, dated 13.03.2024, making a provision for granting legal heir certificate to Class-II legal heirs also. Therefore, merely on the ground that the petitioner is a class-II legal heir, her application seeking legal heir certificate cannot be rejected without conducting an enquiry. 2/4

4. In view of the above said facts, the order impugned in the writ petition is hereby set aside and the matter is remitted back to the file of the respondent herein and the respondent shall conduct an inquiry and in case if he finds that the petitioner is a class-II legal heir, a certificate to the side effect shall be issued as per the Government Orders mentioned above.

5. With the above said observations, this writ petition stands disposed of. No costs.

05.02.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The Tahsildar, Taluk Office, Srivilliputhur.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.3170 of 2026 05.02.2026 4/4