Minor C Jesica Sherin v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.6128 of 2025 Minor C.Jesica Sherin, Rep. by Guardian Jarina, D/o.Late. Chelladurai, C/o.Jarina, No.11/19, Kattuthalaivasal, Karaikudi, Sivagangai District - 630 001.
... Petitioner -vs1.The Tahsildar, Melur Taluk, Madurai.
2.The Village Administrative Officer, Kallampatti Pudhur Post, Melur Taluk, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order passed in Application No.TN 7202502202081, dated 10.03.2025 and quash the same and further direct the first respondent to conduct fresh enquiry and issue legal heir certificate for the petitioner.
For Petitioner : Mr.K.M.Mohammed Ali For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned rejection order passed by the respondent, dated 10.03.2025 and a consequential direction to the first respondent to conduct fresh enquiry and issue legal heir certificate to the petitioner.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner, seeking issuance of a legal heirship certificate of her sonin-law, namely, Chelladurai, submitted a representation on 24.02.2025. As the said representation has been rejected by the first respondent, the petitioner has filed the present Writ Petition.
4. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's application was rejected by the first
respondent on the ground that the names of second wife of Chelladurai and her children were not included in the application. Further, the application submitted by the second wife, Thansila Banu, on 15.02.2025, was also rejected by the first respondent on the ground that she failed to include the name of Jesica Sherin, the child of the first wife and that the deceased Chelladurai and his first wife got married separately for the second time. The learned Additional Government Pleader further submits that if the names of the deceased's first wife's child, the second wife and her children are included in the online application, the legal heirship certificate will be issued.
5. Heard both sides.
6. Considering the above submissions of the learned Additional Government Pleader, the petitioner is directed to apply afresh for the legal heirship certificate by submitting an updated online application within a period of two weeks from the date of receipt of a copy of this order. The application should include the names of the deceased's first wife's child, the second wife and her children. Upon submission of the revised application with the necessary details,
the first respondent shall process the application and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes / No 25.03.2025 Index : Yes / No smn2 To:- 1.The Tahsildar, Melur Taluk, Madurai.
2.The Village Administrative Officer, Kallampatti Pudhur Post, Melur Taluk, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 25.03.2025