Vallimayil v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Vallimayil ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Kovilpatti, Thoothukudi District.

2.The Tahsildar O/o. Tahsildar Office, Kovilpatti Taluk, Thoothukudi District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue a legal heir certificate of the petitioner's father deceased namely, Murugan, based on the representation of the petitioner dated 03.03.2022.

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For Petitioner : Mr.P.Ponraj For Respondents : Mr.N.Muthu Vijayan, Special Government Pleader

O R D E R

The petitioner had given a representation on 03.03.2023 to the second respondent / Tahsildar, Kovilpatti, Thoothukudi District, seeking legal heirship certificate relating to her father, Murugan.

2. The petitioner is the daughter of the second wife / Veyiluganthal. Through the first wife, there is a son called Kumar. Since the petitioner was not able to upload the details through online seeking legal heirship certificate as she had put the name of her mother /second wife, she had given a representation on 03.03.2023.

3. A direction is issued to the Tahsildar, Kovilpatti, to issue notice not only to the petitioner, but also specifically to the first wife / Ammaponnu, and the son of Ammaponnu, Kumar and also to the 2/5

petitioner and also to the mother of the petitioner and examine whether there are any disputes. It is to be noted that the first wife and the children of Murugan are all entitled to be classified as legal heirs. But however, if there are disputes and if the Tahsildar is not able to resolve the said disputes, the matter will necessarily have to be examined only by the competent civil Court. It all depends upon the peace and harmony maintained by petitioner with her family members.

4. The Writ petition stands disposed of. A direction is given to the second respondent / Tahsildar, to take an appropriate decision within a period of six weeks from the date of receipt of a copy of this order. No costs.

03.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Kovilpatti, Thoothukudi District.

2.The Tahsildar O/o. Tahsildar Office, Kovilpatti Taluk, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

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