Madras High CourtWP(MD)/14909/2021disposed of

Packiyalakshmi v. The Tahsildhar

2023-11-06Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Packiyalakshmi ... Petitioner -vsThe Tahsildar, Taluk Office, Thiruparankundram (Thirunagar), Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue legal heir certificate on the basis of the petitioner's representation, dated 12.07.2021, within the stipulated time fixed by this Court. For Petitioner :

Mr.K.Gokul For Respondent :

Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondent to issue legal heirship certificate, based on the representation made by the petitioner on 12.07.2021. 1/4

2. Heard Mr.K.Gokul, learned counsel appearing on behalf of the petitioner and Ms.D.Farjana Ghoushia, learned Special Government Pleader appearing on behalf of the respondent.

3. The learned Special Government Pleader appearing on behalf of the respondent submitted that the representation made by the petitioner cannot be considered, since the petitioner cannot submit an application without adding the names of the children belonging to the first wife of the deceased. The learned Special Government Pleader further submitted that the petitioner is admittedly the second wife of the deceased Kondalraj and therefore, the respondent has to ascertain as to whether there was a valid marriage and in any case, the petitioner cannot get a legal heirship certificate without mentioning the names of the other legal heirs born through the first wife.

4. In the light of the above submission made by the learned Special Government Pleader and the stand that has been taken by the petitioner in the affidavit filed in support of the Writ Petition, there shall be a direction to the respondent to convey the decision to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 2/4

5. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 06.11.2023 Index : Yes/No smn2 To The Tahsildar, Taluk Office, Thiruparankundram (Thirunagar), Madurai District.

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N.ANAND VENKATESH, J.

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