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Madras High CourtWP(MD)/13812/2025disposed of

Meenakshi S v. The Thasildar

2025-06-02Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.9967 of 2025 S.Meenakshi ... Petitioner Vs

1. The Thasildar, Office of the Thasildar, Theni Taluk, Theni District.

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

3. The Village Administrative Officer, Seelaiyampatti Village, Theni 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 pertaining to 1/5

the impugned order passed by the first respondent in E.Koppu No.788/2025/A13 dated 06.02.2025, quash the same and consequently, direct the respondent to issue legal heir certificate to the petitioner based on the petitioner's representation dated 08.01.2025 within the time stipulated by this Court. For petitioner : Mr. K.Manoharan For respondents : Mr.R.Suresh Kumar Additional Government Pleader *****

ORDER

Mr.R.Suresh Kumar, learned Additional Government Pleader, takes notice on behalf of the respondents.

2. This Writ Petition has been filed to quash the impugned order dated 06.02.2025, bearing reference in E.Koppu No.788/2025/A13 passed by the first respondent, whereby the first respondent rejected the request of the petitioner for issuance of legal heir certificate to the petitioner, pursuant to the death of the petitioner's husband late.Suruli, who died on 12.12.2024.

3. The only reason given in the impugned order is that the petitioner's husband, during the marriage, contracted second marriage with one 2/5

Subbulakshmi, who is also stated to have died on 12.12.2024. The copies of the death certificate of the said suruli and Subbulakshmi have been filed along with the typed set of papers.

4. It is noticed that pursuant to decision, the Hon'ble Full Bench of this Court vide order dated 17.06.2022 in W.P.No.25247 of 2021 and batch cases, few guidelines have been issued, vide G.O.(Ms).No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022. The above guidelines have not been followed while issuing impugned order. The first respondent has to enquire as to whether the petitioner is the first wife of the deceased Suruli, who died on 12.12.2024. Therefore, the impugned order is quashed and the matter is remitted back to the first respondent to pass a fresh orders in the light of the abovesaid G.O.

5. The petitioner shall also additionally file an online application for the request of the petitioner to reconsider the same afresh. This exercise shall be completed by the petitioner within two weeks from the date of receipt of a copy of this order. Thereafter, the first respondent shall pass fresh orders within a period 3/5

of four weeks.

6. This Writ Petition stands disposed of, with above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 02.06.2025 Internet : Yes / No apd To

1. The Thasildar, Office of the Thasildar, Theni Taluk, Theni District.

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

3. The Village Administrative Officer, Seelaiyampatti Village, Theni Taluk, Theni District.

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C.SARAVANAN, J.

apd 02.06.2025 5/5