Hussain Ali Khan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.16652 of 2025 Hussain Ali Khan ... Petitioner Vs
1. The District Collector, O/o.the District Collector, Dindigul, Dindigul District.
2. The Tahsildar, Dindigul East Taluk Office, Dindigul, Dindigul District.
4. The Village Administrative Officer, Adiyanoothu, Dindigul East Taluk, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned Online Application Status in Application Number TN-7202504292226 1/5
dated Nil passed by the Respondent No.2 and quash the same as illegal, consequently, direct the Respondent No.2 to issue legal heir certificate to the petitioner by considering the petitioner's application dated 29.04.2025. For petitioner : Mr. A. Mohamed Riyaz For respondents : Mr.D.Ghandiraj Special Government Pleader *****
ORDER
This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
2. The petitioner claims to be a son of Late.Jaffer Sathick. who died on 03.01.2025.
3. It is submitted that the petitioner's father has two wives, namely, Mahaboobjan, who married the petitioner's father on 16.08.1998. The petitioner's father has also contracted a second marriage with one Shareen on 05.07.2016. 2/5
4. It is the case of the petitioner that as per the Mohammedan Law (Sharia Law), a male Muslim is entitled to more than one wife and therefore, the names of the petitioner, petitioner's brother, namely, Mohamed Jahir and the petitioner's mother, namely, Mahaboobjan ought to be included in the Legal Heir Certificate along with the second wife.
5. The learned Special Government Pleader for the respondents, on instructions, submits that although the petitioner's father had contracted a first marriage with the petitioner's mother Mahaboobjan on 16.08.1998, they had dissolved the marriage on 11.10.2015 and thereafter, the petitioner's father had contracted a second marriage with one Shareen on 05.07.2016.
6. At this stage, the learned counsel for the petitioner submits that the petitioner would be satisfied, if the petitioner and his brother's name are included in the Legal Heir Certificate.
7. Considering the same, there shall be a direction to the second respondent to re-consider the decision by issuing a fresh Legal Heir Certificate after proper 3/5
enquiry as to whether the petitioner and the petitioner's brother are indeed biological children of Late. Jaffer Sathick, who died on 03.01.2025.
8. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.
9. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 07.08.2025 Internet : Yes / No apd To
1. The District Collector, O/o.the District Collector, Dindigul, Dindigul District.
2. The Tahsildar, Dindigul East Taluk Office, Dindigul, Dindigul District.
4. The Village Administrative Officer, Adiyanoothu, Dindigul East Taluk, Dindigul District.
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C.SARAVANAN, J.
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