Kathi Valli Ammal v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.2870 of 2025 Kathi Valli Ammal ... Petitioner -vsThe Thasildar, Taluk Office, Tirunelveli District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the respondent online status rejecting the petitioner's application for grant of REV114 Legal heirs certificate made in TN720250123637, dated 23.01.2025, quash the same as illegal and consequently, directing the Tahsildar, Tirunelveli, the respondent herein to issue the legal heirs certificate in favour of the petitioner and her son Rahavendra Manickam for the deceased R.Muruganandammal, within a stipulated time that may be fixed by this Court. For Petitioner : Ms.K.Abiya For Respondent : Mr.C.Venkateshkumar Special Government Pleader
ORDER
This writ petition is filed challenging the impugned entry made in the online portal dated 23.01.2025 by the respondent, rejecting the application of the petitioner seeking issuance of Legal Heirship Certificate, on the ground that the applicant is not a direct legal heir of the deceased R.Muruganandammal, who is the mother-in-law of the petitioner.
2. It is the case of the petitioner that she married one Sankar, who is the only son of the deceased R.Muruganandammal. A son, namely, Rahavendra Manickam was born out of their wedlock. The petitioner's husband died on 27.05.1992 and the father of the petitioner's husband namely, Ramaiahpillai died prior to the death of the petitioner's husband and the mother-in-law of the petitioner, namely, R.Muruganandammal died on 07.09.2013, leaving behind the petitioner and the petitioner's son as legal heirs.
3. The petitioner submitted an application seeking legal heirship certificate through online in application No.TN-720250123637, dated 23.01.2025 and the same was rejected by the respondent by making entry in the online portal that the
petitioner is a sister-in-law of the deceased R.Muruganandammal [wrongly mentioned as sister-in-law instead of daughter-in-law] and therefore, she can obtain the legal heirship certificate through the Court. Aggrieved by the same, the petitioner is before this Court.
4. The learned counsel for the petitioner submitted that the petitioner is the wife and the said Rahavendra Manickam is the son of deceased Sankar, who predeceased his mother R.Muruganandammal. The husband of R.Muruganandammal, namely, Ramaiahpillai also predeceased her. In such circumstances, as per the Hindu Succession Act, the petitioner and his son namely, Rahavendra Manickam alone are the direct legal heirs of the deceased R.Muruganandammal and hence, the reason given by the respondent in the online portal that the petitioner and her son are not the direct legal heirs of the deceased is incorrect.
5. Mr.C.Venkateshkumar, learned Special Government Pleader appearing for the respondent, on instructions, submitted that in the online portal of the respondent, there is no provision for applying legal heirship certificate by the
daughter-in-law or children of the pre-deceased son of the deceased. Further, in the online portal of the respondent, there is no provision for submitting application for legal heirship certificate by some of the legal heirs of the deceased, like, the wife of the predeceased son.
6. Merely, because in the online portal of the respondent, there is no provision enabling the petitioner to apply for legal heirship certificate, the respondent is not entitled to reject the application, when actually the petitioner and her son are the Class-I legal heirs of the deceased R.Muruganandammal, as per the provisions of the Hindu Succession Act.
7. In view of the above, the petitioner is directed to submit a physical application before the respondent seeking legal heirship certificate, mentioning the relationship with the deceased R.Muruganandammal, along with the copies of death certificate of the petitioner's husband Sankar and his legal heirship certificate. The physical application of the petitioner shall be filed before the respondent, within a period of two weeks from the date of receipt of a copy of this order. The respondent shall process the physical application submitted by the
petitioner and issue legal heirship certificate in accordance with G.O.(Ms)No.478, Revenue and Disaster Management, dated 29.09.2022, as amended by G.O.Ms.No.110, Revenue and Disaster Management, dated 13.03.2024, within a period of two weeks thereafter.
8. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 14.02.2025 Index : Yes / No smn2 To:- The Thasildar, Taluk Office, Tirunelveli District.
VIVEK KUMAR SINGH , J.
smn2 14.02.2025