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Madras High CourtWP(MD)/9654/2026allowed

Pandimeenal v. The Tahsildar

2026-04-08Honourable Mr.Justice Hemant Chandangoudar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.7681 of 2026 1.Pandimeenal 2.Jothika ... Petitioners vs.

The Tahsildar Melur Taluk, Melur, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned Legal heirship certificate dated 22.06.2025 in TN-720250529180 issued in the name of dead persons quash the same and consequently, to direct the respondent herein to consider the representation of the petitioner's dated 06.02.2026 and to issue a fresh legal heirship certificate as per the said representation dated 06.02.2026.

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For Petitioners :Mr.R.Sundar Srinivasan For Respondent :Mr.P.Subbaraj Special Government Pleader *****

O R D E R

The petitioner challenges the legal heirship certificate dated 22.06.2025 bearing No. TN-720250529180, issued in respect of the deceased Sivaraman, son of Kanjeevanam.

2. Heard Mr. R. Sundar Srinivasan, learned counsel for the petitioner, and Mr. P. Subbaraj, learned Special Government Pleader, who accepts notice on behalf of the first respondent.

3. The first petitioner claims to be the wife of one Rajendran, who is the brother of the deceased Sivaraman. The second petitioner is the daughter of the first petitioner. They claim to be Class-II legal heirs of the deceased Sivaraman, who died on 08.12.2024. The petitioners submitted an application before the respondent seeking issuance of a legal heirship certificate in their favour. However, the respondent issued the impugned legal heirship certificate excluding the names of the 2/5

petitioners and including the names of five other persons.

4. According to the petitioners, the said five persons shown as legal heirs of the deceased Sivaraman had already passed away long ago. In support of this contention, the petitioners have produced the death certificates of the said individuals.

5. A perusal of the records reveals that the respondent, without conducting any enquiry and without affording an opportunity of hearing to the petitioners, has issued the impugned legal heirship certificate. The same is in violation of the principles of natural justice and is therefore not legally sustainable.

6. In view of the above, the writ petition is allowed and the impugned legal heirship certificate bearing No. TN-720250529180 dated 22.06.2025 is hereby set aside. The respondent is directed to conduct a fresh enquiry and pass appropriate orders in accordance with law. 3/5

7. The aforesaid exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

8. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index :Yes / No 08.04.2026 Internet :Yes / No (1/2) NCC :Yes / No cmr To The Tahsildar Melur Taluk, Melur, Madurai District.

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HEMANT CHANDANGOUDAR, J.

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