G.Sudalaimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.17117 of 2025 and W.M.P(MD)No.12981 of 2025 G.Sudalaimuthu ... Petitioner Vs.

1.The District Collector, Tenkasi, Tenkasi District.

2.The Tahsildar, Taluk Office, Shenkottai, Tenkasi District.

...Respondents

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 remarks of the 2nd respondent made in response to the application of the petitioner dated 30.01.2025 and quash the same as unlawful and arbitrary consequently direct the 2nd respondent to issue legal heir certificate for the mother of the petitioner without insisting to furnish the address proof and Aadhar card other legal heirs of deceased Esakkiammal within the stipulated time.

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For Petitioner : M/s.P.Murugesan For Respondent : M/s.C.Satheesh Government Advocate

ORDER

The petitioner has filed an application for issuance of legal heir certificate on 30.01.2025 for the petitioner's mother late Esakkiammal died 06.11.2023.

2.The said application has been rejected with the following remarks: "Deceased person husband daughter one of the son adhar card not enclosed. In death certificate address at the time of death noted as in Alangulam Taluk. After submission of relevant residential proofs adhar card of above persons the application may proceeded. Recommended for return. VAO RI recommended the application. Recommended for return."

3.The learned counsel appearing for the petitioner submits that some of the legal heirs of the petitioner's deceased mother, who are none other than the petitioner's siblings, are not coming forward and therefore, the petitioner is unable to produce the required document. It is for the petitioner to furnish a 2/4

family tree together with the address of the every legal heirs to the official respondents viz., Tahsildar. On receipt of such document, the second respondent Tahsildar shall summon them and conduct an enquiry with the help of Village Administrative Officer(VAO) and issue proper legal heir certificate to the petitioner and the other legal heirs. The aforesaid exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Ns To 1.The District Collector, Tenkasi, Tenkasi District.

2.The Tahsildar, Taluk Office, Shenkottai, Tenkasi District.

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C.SARAVANAN, J.

Ns W.P(MD).No.17117 of 2025 and W.M.P(MD)No.12981 of 2025 25.06.2025 4/4