Gurusamy v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.12204 of 2026 Gurusamy ... Petitioner vs.

The Thasildar, Madurai West Taluk, Madurai, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned online order of the respondent, in No.Nil, dated 15.02.2026 quash the same and consequently, to direct the respondent to issue 2nd class legal heir certificate to the petitioner by including all 2nd class legal heirs.

For Petitioner :Mr.D.Sasikumar For Respondent :Mrs.K.R.Shivashankari Government Advocate ***** 1/5

O R D E R

The petitioner challenges the rejection of the online application dated 15.02.2026 passed by the respondent.

2.Heard Mr. D. Sasikumar, learned counsel for the petitioner, and Mrs. K.R. Shivashankari, learned Government Advocate, who accepts notice on behalf of the respondent.

3.The petitioner states that his grandfather, Udayar, had three sons, namely, Kuppandi, Gurusamy @ Bose and Kumarandi, and that the petitioner is the son of Gurusamy @ Bose. The petitioner further states that his father's younger brother, namely, Kumarandi, died on 04.12.2015. His wife had predeceased him and his son had also died. Thereafter, the petitioner submitted an application seeking issuance of a legal heir certificate of the deceased Kumarandi in favour of the petitioner and the other Class-II legal heirs. However, the respondent rejected the said application on the ground that the petitioner is residing in a nearby village and not in the village in which the deceased 2/5

Kumarandi had resided.

4.The petitioner and others claim to be the Class-II legal heirs of the deceased Kumarandi. Issuance of a legal heir certificate cannot be denied solely on the ground that the applicants are residing in another village. The respondent is required only to consider whether the applicants are the legal heirs of the deceased or not. Therefore, the rejection of the online application submitted by the petitioner is arbitrary and discriminatory and is liable to be set aside. 5.Accordingly, the writ petition is allowed and the impugned order dated 15.02.2026 passed by the respondent is hereby set aside. The respondent is directed to conduct an enquiry afresh and pass appropriate orders in accordance with law.

6.The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 3/5

7.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index :Yes / No 16.06.2026 Internet :Yes / No NCC :Yes / No cmr To The Thasildar, Madurai West Taluk, Madurai, Madurai District.

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HEMANT CHANDANGOUDAR, J.

cmr 16.06.2026 5/5