Dhayananda Babu Vc v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN V.C.Dhayananda Babu, ... Petitioner Vs

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Palani Taluk, Dindigul 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 15.04.2025 in O.M. No.1355/2025/A2, passed by the second respondent, quash the same and consequently, direct the respondents to issue legal heir certificate to the petitioner and his family member. For petitioner : Mr. M.Dinesh Hari Sudarsan For respondents :Mr.D.Ghandhiraj Special Government Pleader 1/4

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ORDER

The petitioner is aggrieved by the impugned order of the second respondent stating that the request of the petitioner for issuing Legalheirship Certificate to the petitioner cannot be considered, in view of the objection made by one Pakialakshmi, who is said to be the second wife of the petitioner's father. Such stand cannot be countenanced.

2. Legalheirship Certificate has to be issued to the legalheirs after due enquiry. Merely because of the objection, it would not mean that the petitioner is not entitled to the Legalheirship Certificate, if the petitioner, otherwise, is entitled to such certificate.

3. Be that as it may, there shall be a direction to the second respondent to consider the representation of the petitioner afresh after due enquiry and after due notice to the said Pakialakshmi and also to the children born to the said Pakialakshmi, if any, within a period of six (6) weeks from the date of receipt of a copy of this order. Needless to state, the petitioner shall also be heard, before final 2/4

orders are passed.

4. This Writ Petition is disposed of, with the above directions. No costs. Index : Yes / No 16.06.2025 Internet : Yes / No apd To

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Palani Taluk, Dindigul District.

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C.SARAVANAN, J.

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