V. Meiyappan v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.6048 of 2025 V.Meiyappan ... Petitioner -vsThe Tahsildhar, Office of Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy 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 of the respondent's Impugned Rejection of the petitioner's application No.TN-7202409041723, dated 04.09.2024, for issuance of Legal Heir Certificate and quash the same as devoid of merits and directing the respondent to issue Legal Heir Certificate for the death of his son M.Kumar, died on 05.10.2021 and for such other reliefs within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.J.K.Jayaselan Government Advocate

ORDER

This Writ Petition has been filed seeking to quash the rejection of the petitioner's application (No.TN-7202409041723, dated 04.09.2024) for issuance

of a Legal Heirship Certificate and to direct the respondent to issue the Legal Heirship Certificate for the petitioner's son, M.Kumar, who passed away on 05.10.2021.

2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner submits that the petitioner's son, M.Kumar, married one Lakshmi on 15.09.2011. However, within 15 days of their marriage, both of them separated due to misunderstanding. On 29.10.2015, divorce was granted in H.M.O.P.No.178 of 2013. In the service register of the petitioner's son, both the petitioner's name and his wife's name are listed as family members. The petitioner's son passed away on 05.10.2021, leaving behind the petitioner and his wife as the legal heirs. To obtain the legal heirship certificate, the petitioner filed an application on 04.09.2024, along with all the relevant documents. However, the application was rejected without valid grounds. Hence, the present Writ Petition.

4. The learned Government Advocate appearing for the respondent submits that the petitioner has not enclosed the decree of divorce and copies of the

Aadhaar cards for both Lakshmi and Master Dharanish along with the application. However, if the petitioner applies afresh along with all the necessary documents, including the aforementioned documents, the same will be considered in accordance with law, within a time frame to be fixed by this Court.

5. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to apply afresh along with all the necessary documents, including the decree of divorce and copies of the Aadhaar cards for both Lakshmi and Master Dharanish before the respondent within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such documents, the respondent shall consider the same on merits and pass appropriate orders in accordance with law, within two weeks thereafter. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 24.03.2025 Index : Yes / No smn2 To:- The Tahsildhar, Office of Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy District.

VIVEK KUMAR SINGH , J.

smn2 24.03.2025