M.Ariyanachi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Ariyanachi ... Petitioner -vs1.The District Collector, Office at District Collectorate, Madurai District, Madurai.
2.The District Revenue Officer, Office at District Collectorate, Madurai.
3.The Tahsildhar, Madurai North Tahsildar Office, Madurai Collectorate, Madurai.
4.The Village Administrative Officer, Samayanallur Village, North Taluk, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation dated 21.10.2024 and to issue legal heir certificate including petitioner's name as one of the legal heirs of the deceased Maruthanayakam.
For Petitioner : Mr.N.Ganesh For Respondents : Mr.C.Venkateshkumar Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to consider the representation of the petitioner dated 21.10.2024 and to issue legal heir certificate including petitioner's name as one of the legal heirs of her deceased father Maruthanayakam.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, she married one Selvaraj in 1996, but he deserted her. Subsequently, in 2005, the petitioner married Maruthanayakam, who later passed away in August 2024. Maruthanayakam's first wife had already passed away and they had two children. However, the petitioner and Maruthanayakam had no children together. After the death of her husband, the children of Maruthanayakam's first wife applied for a legal heirship certificate, omitting the petitioner's name. Therefore, the petitioner approached the fourth
respondent, requesting an enquiry to include her name in the legal heirship certificate. However, the fourth respondent failed to consider her request. Hence, the petitioner sent a representation dated 21.10.2024 to the first respondent, seeking inclusion of her name in the legal heirship certificate of her husband. Since no action has been taken, the petitioner has approached this Court with the present Writ Petition.
4. The learned Special Government Pleader appearing for the respondents submits that, in this case, the competent authority is the third respondent. Therefore, the petitioner may be directed to submit a fresh representation, outlining all her grievances to the third respondent.
5. Considering the above said submission, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining her grievances to the third respondent, within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of such representation, the third respondent shall consider it on merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other persons, who
may be interested in the subject matter, within one month thereafter. There shall be no order as to costs.
NCC : Yes / No 27.02.2025 Index : Yes / No smn2 To:- 1.The District Collector, Office at District Collectorate, Madurai District, Madurai.
2.The District Revenue Officer, Office at District Collectorate, Madurai.
3.The Tahsildhar, Madurai North Tahsildar Office, Madurai Collectorate, Madurai.
4.The Village Administrative Officer, Samayanallur Village, North Taluk, Madurai.
VIVEK KUMAR SINGH , J.
smn2 27.02.2025