Velmani v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP(MD) No.6479 of 2025 Velmani ... Petitioner -vsThe Thasildhar, Theni, Theni District 625 534.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned order passed by the respondent in E.Koppu.No.3103/2025/A13 dated. 11.03.2025 and quash the same as illegal and consequently direct respondent to issue legal heir certificate to the petitioner and her children within the period that may be stipulate by this Hon'ble Court.

For Petitioner : Mr.M.Jerin Mathew For Respondent : Mr.K.S.Selvaganesan Additional Govt. Pleader

O R D E R

The petitioner has filed the present writ petition before this Court, challenging the impugned order passed by the respondent in E.Koppu.No. 3103/2025/A13 dated 11.03.2025 and consequently, to direct the respondent to issue a legal heir certificate to the petitioner and her children.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that she made an online application seeking issuance of legal heir certificate. However, the respondent rejected the said application on the basis of the report dated 03.03.2025 and 05.03.2025, submitted by the Village Administrative Officer and the Revenue Inspector, respectively. Aggrieved by the said rejection order, the present writ petition has been filed by the petitioner. The learned counsel for the petitioner further submits that the impugned order has been passed without serving the reports of the VAO and Revenue Inspector on the petitioner which is in violation of the principles of

natural justice and hence, prayed this Court to set aside the same.

4. The learned Additional Government Pleader appearing for the respondent fairly submitted that the matter may be remanded back to the respondent for reconsideration and the respondent will pass a fresh order within a specified time frame.

5. Heard the learned counsel for the parties and perused the materials available on record.

6. Upon considering the submissions made by the learned Additional Government Pleader, this Court finds it appropriate to set aside the impugned order. Accordingly, the impugned order dated 11.03.2025, is hereby set aside and the matter is remitted back to the respondent. The respondent is directed to consider the case of the petitioner and pass fresh orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four months from the date of receipt of a copy of this order.

7. In the result, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. NCC : Yes / No 01.04.2025 Index : Yes / No PKN To:- The Thasildhar, Theni, Theni District 625 534.

VIVEK KUMAR SINGH , J.

PKN 01.04.2025