M.Malliga v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.16805 of 2025 M.Malliga ... Petitioner Vs.

1.The District Collector, District Collector Office, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders of the second respondent passed in application No.TN-7202407301464, dated 30.07.2024, and passed in application No.TN-720250204228, dated 17.02.2025 and quash the same as un-constitutional and illegal and consequently directing the second respondent herein to issue legal 1/7

heirship certificate to the petitioner within a stipulated time fixed by this Court.

For Petitioner : Mr.V.Kishore Kumar For Respondents : Mr.C.Satheesh Government Advocate

ORDER

This writ petition has been filed to quash the impugned orders of the second respondent passed in application No.TN-7202407301464, dated 30.07.2024, and passed in application No.TN-720250204228, dated 17.02.2025 and consequently direct the second respondent herein to issue legal heirship certificate to the petitioner. 2.This writ petition is disposed of at the time of admission after hearing the learned counsel appearing for the petitioner and the learned Government Advocate for the respondents.

3.The petitioner's request is that the issuance of legal heir certificate after death of her father on 28.04.2012 has now been rejected based on the Village Administrative Officer's report. The Village 2/7

Administrative Officer's report indicates that the petitioner is not living in the place, where the petitioner's father died and therefore, the request of the petitioner has been rejected. The petitioner has however, produced a document to substantiate that the petitioner was studying at k.fp.C.x.njh.School, Y.Othakadai, Madurai District and the certificate stated that the petitioner discontinued her studies in the first grade. The petitioner has also produced Aadhar Card and family card, which revealed that the name of the petitioner's father is Durairaj, who died on 28.04.2012 as evident from the death certificate. 4.Prima facie, there are other documents to substantiate that the petitioner is indeed the daughter of the said Durairaj. Even the bank account, which stood in the name of the petitioner's mother namely D.

Sagunthala indicates the name of her husband as Durairaj. There is overwhelming documentary evidence to indicate that the petitioner is indeed the daughter of the late Durairaj. There is one another certificate, which was also issued by the P.C.

Madurai-Ramnad District.

5.Under these circumstances, the impugned orders of the second respondent passed in application No.TN-7202407301464, dated 30.07.2024, and passed in application No.TN-720250204228, dated 17.02.2025, are hereby quashed. The second respondent is directed to issue appropriate legal heir certificate to the petitioner. The said exercise shall be complete within a period of four weeks from the date of receipt of a copy of this order. It is needless to say that the certificate issued can be cancelled if any valid reasons arise at a later point in time 6.With the above directions, this writ petition stands disposed of. No costs.

23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No vsg 4/7

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To:

1.The District Collector, District Collector Office, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

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C.SARAVANAN, J.

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