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Madras High CourtWP(MD)/14060/2025disposed of

Philma Glora Muthuraj.M v. The District Revenue Officer

2025-09-15Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.14060 of 2025 and W.M.P(MD)Nos.10187 and 10188 of 2025 M.Philma Glora Muthuraj ... Petitioner Vs.

1. The District Revenue Officer, Kanyakumari District.

2. The Revenue Divisional Officer, Nagarcoil, Kanyakumari District.

3. The Managing Director, TWAD Board, Chepauk, Chennai.

4. The Chief Engineer, Thanjavur Region, TWAD Board, Thanjavur.

5. The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

6. M.Malini ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 1st respondent in his proceedings bearing Na.Ka.No.E1/E2089859/2024 dated 01.04.2025 and the consequential impugned order bearing Pa.Mu.A6/2111/2025 dated 16.04.2025 passed by the 2nd respondent and set aside the same with a consequential direction directing the respondents 1 and 2 to restore the Legal Heir Certificate of the petitioner in TN-7202106152797 dated 21.06.2021 on record and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : M/s.Porkodi for M/s.Polax Legal Solutions For R1, R2 & R5 : Mrs.S.Jeya Priya Government Advocate For R3 & R4 : Mr.B.Vijay Karthikeyan For R6 : Mr.T.Selvam

ORDER

The above writ petition is filed seeking to quash the proceedings of the 1st respondent dated 01.04.2025 and the consequential order dated 16.04.2025 passed by the 2nd respondent and direct the respondents 1 and 2 to restore the legal heir certificate issued to the petitioner dated 21.06.2021.

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2. The facts as set out in the affidavit filed in support of the writ petition are as follows:- The petitioner would submit that her father P.Muthuraj was married to her mother Shoba Sarah in the year 1985. Both her parents are no more. Her mother who worked as a Postal Assistant passed away in the year 2009 and her father, a retired Assistant Engineer in the TWAD Board died in the year 2021. After her father's death, she had applied for the Legal Heirship Certificate and the same was also issued on 21.06.2021. Thereafter, one Latha claiming to be the wife of the petitioner's father contended that she had two daughters through him namely Mahalakshmi and Malani (the 6th respondent herein).

She would claim that her name had been entered in the service records of her father just two days before his retirement and she had to be paid the terminal benefits and family pension. Thereafter, the 6th respondent had made an application before the 2nd respondent to cancel the Legal Heirship Certificate granted in the name of the petitioner.

1st respondent by proceedings dated 01.04.2025 had cancelled the Legal Heirship Certificate issued to the petitioner and directed the 5th respondent to re-issue new Legal Heirship Certificate in the name of the petitioner, Mahalakshmi as also the 6th respondent herein namely Malani. Aggrieved by the same, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. From the argument, it is clear that both the parties are concerned about the disbursement of the terminal benefits of late P.Muthuraj. In order to claim the terminal benefits and other monetary benefits, the parties have to obtain the Succession Certificate from the Civil Court particularly when the parties are at loggerhead.

5. Therefore, the writ petition is disposed of with a direction that the authorities concerned viz., the respondents 3 and 4 shall not disburse the terminal benefits unless the persons claiming terminal benefits and family pension produces the Succession Certificate.

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6. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. 15.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The District Revenue Officer, Kanyakumari District.

2. The Revenue Divisional Officer, Nagarcoil, Kanyakumari District.

3. The Managing Director, TWAD Board, Chepauk, Chennai.

4. The Chief Engineer, Thanjavur Region, TWAD Board, Thanjavur.

5. The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

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P.T.ASHA, J.

rgm W.P.(MD).No.14060 of 2025 and W.M.P(MD)Nos.10187 and 10188 of 2025 15.09.2025 6/6