Madras High CourtCONT P(MD)/1236/2020closed

Alagammal v. K.Mailavathi

2021-02-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

CONT.P(MD)No.1236 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA CONT.P(MD)No.1236 of 2020 in W.P(MD)No.4062 of 2020 Alagammal .. Petitioner/Petitioner Vs.

K.Mailavathi, Tahsildar, Sivagangai.

.. Contemnor/Respondent Prayer:- Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the contemnor/respondent for the wilful disobedience of the order of this Court made in W.P(MD)No.4062 of 2020 dated 27.02.2020.

PRAYER in W.P(MD)No.4062 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to to issue a Writ of Certiorarified Mandamus, call for the records of the Impugned Rejection order in online Application No.TN-7201905201954 dated 29-05-2019 issued by the respondent quash the same as illegal and consequently direct the respondents to issue the Legal Heirship Certificate based on her application dated 02-05-2019 to the petitioner. For Petitioner : Mr.RM.Arun Swaminthan For Respondent : Mr.M.Murugan, Government Advocate.

ORDER

Alleging that the order of this Court in W.P(MD)No.4062 of 2020, dated 27.02.2020 has not been complied with, the petitioner has come up before this Court with this Contempt Petition.

2. The petitioner is the second wife, having married the deceased Mayandi for the second time, when the first wifeMookammal was alive. The said Mookammal had a son and two https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P(MD)No.1236 of 2020 daughters and she also died. The petitioner also had three children through the said Mayandi. Earlier, this Court, by order dated 27.02.2020, directed the respondent to issue a Legal Heirship Certificate, as per the Hindu Succession Act, 1956, on the Writ Petition filed by the said second wife-Alagammal.

3. The learned Government Advocate appearing for the respondent/contemnor would submit that the Legal Heirship Certificate has already been issued including the children born to the first wife and also the second wife. Admittedly, the petitioner is not a legal heir, Legal Heirship Certificate cannot be issued to her.

4. As the Legal Heirship Certificate has already been issued, this Contempt Petition is closed. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS ) To The Tahsildar, Sivagangai.

+1cc to The Special Government Pleader in SR.No.4965 CONT.P(MD)No.1236 of 2020 in W.P(MD)No.4062 of 2020 11.02.2021 ps AE (01/03/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2