Backiyam v. The Zonal Deputy Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.6765 of 2026 Backiyam ... Petitioner vs.

1.The Zonal Deputy Tahsildar, Bodinayakkanur Tahsildar Office, Bodinayakkanur Taluk, Theni District.

2.The Revenue Inspector, Bodinayakkanur Taluk, Theni District.

3.The Village Administrative Officer, Uppukkottai, Bodinayakkanur Taluk, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 15.02.2025 in Application No. TN. 7202502052656 on the file of the 1st Respondent and quash the same and consequently, to direct the 1st Respondent to issue legal heir certificate to the Petitioner based on her Online application dated 05.02.2025 within a time period as stipulated by this Court.

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For Petitioner :Mr.V.Prakashraj For Respondents :Mr.S.S.Madhavan Additional Government Pleader *****

O R D E R

The petitioner challenges the remarks dated 15.02.2025 made by the first respondent rejecting the application filed by the petitioner for issuance of a legal heirship certificate in respect of her deceased husband.

2. The petitioner states that her husband, namely Palsamy, died on 07.04.2024 leaving behind the petitioner, his wife, and three sons as his only legal heirs. On that basis, the petitioner submitted an application seeking issuance of a legal heirship certificate.

3. I have considered the submissions made on either side. 2/5

4. A perusal of the impugned remarks reveals that the application was rejected on the ground that the deceased had left behind two wives. The petitioner contends that the first respondent, without conducting any enquiry, issued the impugned remarks, thereby violating the principles of natural justice. It is further contended that the deceased had only one wife, namely the petitioner, and no second wife during his lifetime. In such circumstances, the first respondent ought to have conducted an enquiry before passing orders on the petitioner's application.

5. Accordingly, the writ petition is allowed and the impugned remarks dated 15.02.2025 in Application No. TN.7202502052656 issued by the first respondent are hereby quashed. The first respondent is directed to reconsider the petitioner's application for issuance of a legal heirship certificate in respect of her deceased husband, conduct a proper enquiry, afford an opportunity of personal hearing to the petitioner, and thereafter pass appropriate orders in accordance with law.

6. The above exercise shall be completed within a period of eight

(8) weeks from the date of receipt of a copy of this order. 3/5

7. No costs. Consequently, the connected miscellaneous petition is closed.

Index :Yes / No 27.03.2026 Internet :Yes / No NCC :Yes / No cmr To 1.The Zonal Deputy Tahsildar, Bodinayakkanur Tahsildar Office, Bodinayakkanur Taluk, Theni District.

2.The Revenue Inspector, Bodinayakkanur Taluk, Theni District.

3.The Village Administrative Officer, Uppukkottai, Bodinayakkanur Taluk, Theni District.

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HEMANT CHANDANGOUDAR, J.

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