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Madras High CourtWP(MD)/19206/2025disposed of

S.Vijayalaxmi v. The Commissioner Of Revenue Administration

2025-07-17Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.14738 and 14740 of 2025 S.Vijayalaxmi ... Petitioner Vs.

1.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005 2.The District Collector, Office of the Collectorate Building, 3.The Revenue Divisional Officer, Office of the Revenue Divisional, 4.The Revenue Tahsildar, 5.The Zonal Deputy Tahsildar / Head Quarters, Deputy Tahsildar, 1/6

6.The Revenue Inspector, Alangulam Taluk, Tenkasi District 7.The Village Administrative Officer, Kaluneerkulam Village,

...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 rejection order dated 10.11.2024 issued by the fourth respondent for the Application for issuance of legal heir certificate by the petitioner in TN-7202407171153 and quash the same as illegal and consequently direct the respondents 1 to 7 to issue legal heir certificate to all the eligible legal heirs of Subbaiah Pandian including the petitioner because petitioner had married Subbaiah Pandian after the death of his first Wife and the marriage of the petitioner is legally valid within a stipulated time frame as fixed by this Court.

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned rejection order dated 10.11.2024 issued by the fourth respondent and consequently directing the respondents 1 to 7 to issue legal heir certificate to all the eligible legal heirs of Subbaiah Pandian including the petitioner. 2/6

2. The learned counsel for the petitioner submits that the petitioner is the second wife of Late. Subbaiah Pandian, who died on 27.11.2020. It is informed that the petitioner's husband was earlier married to one Parvathi, who died on 12.01.2006. It is submitted that the petitioner's marriage with her husband namely, Subbaiah Pandian was solemnized on 01.06.2006.

3. It is noticed that the impugned order has rejected the petitioner's application for including her name in the legal heir certificate of the petitioner's husband, namely, Late. Subbaiah Pandian only on the ground that the petitioner is the second wife of the deceased. The above stand of the Department is incorrect.

4. Accordingly, the impugned order is quashed and the case is remitted back to the fourth respondent. The fourth respondent is directed to issue legal heir certificate after conducting a proper enquiry and obtaining a report of the seventh respondent by including the petitioner as well as other clause I legal heirs of the deceased Subbaiah Pandian. The said exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. 3/6

5. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005 2.The District Collector, Office of the Collectorate Building, 3.The Revenue Divisional Officer, Office of the Revenue Divisional, 4.The Revenue Tahsildar, 5.The Zonal Deputy Tahsildar / Head Quarters, Deputy Tahsildar, 4/6

6.The Revenue Inspector, Tenkasi District 7.The Village Administrative Officer, Kaluneerkulam Village, 5/6

C.SARAVANAN, J.

sn W.P(MD).No.19206 of 2025 17.07.2025 6/6