Saravanakumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.22597 of 2025 Saravanakumar ... Petitioner Vs.

1.The Tahsildar, Madurai South Tahsildar Office, Madurai District.

2.Meena @ Meenaloshni

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to cancel the legal Heir Certificate in Certificate No.TN 7202501092221 issued on 08.03.2025 and further direct the 1st respondent to conduct enquiry properly and issue fresh Legal Heir Certificate of Late M.Ragahavan by including all the Legal Heirs by considering the petitioners representation dated 06.08.2025 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.G.Kasinathadurai For R1 : Mr.D.Ghandiraj Special Government Pleader

ORDER

The petitioner claims to be one of the son of Late. M.Ragavan through his second wife namely, Malliga, to whom the petitioner and three of the other siblings were born. It is the case of the petitioner that petitioner's father Late.Ragavan, died on 30.01.2019 and thereafter the petitioner attempted to apply for legal heirship certificate. When it was rejected by the first respondent based on the objection of the second respondent, stating that the legal heir certificate had already been issued to the second respondent.

2. Learned counsel for the petitioner submits that in the family card issued by the Civil Supplies and Consumer Production Department, the name of the petitioner's father, petitioner's step mother ie., Rajalakshmi, (mother of the second respondent), the biological mother of the petitioner Malliga, Sugumar, Balaji, Saravanakumar and Ashok have been given. It is submitted that the name of the second respondent Meena is not there in the family card issued by the Civil Supplies and Consumer Production Department. It is submitted that even if the second

respondent is the biological daughter of the first wife namely Rajalakshmi, the petitioner and his siblings namely Sugumar, Balaji, Saravanakumar and Ashok are entitled to be declared as the legal heirs of Late.Ragavan, who died on 30.01.2019.

3. It is noticed that the petitioner has an appellate remedy against the legal heirship certificate issued on 08.03.2025 to the second respondent declaring the second respondent as the only legal heir on the date of its issue.

4. Since the aforesaid legal heirship certificate issued in the name of the second respondent it is appealable before the Revenue Divisional Officer, Madurai. Therefore, this writ petition is disposed by giving liberty to the petitioner to challenge the same before the Revenue Divisional Officer, Madurai, within a period of 30 days from the date of receipt of a copy of this order. Needless to state that in the above said proceedings, petitioner shall also implead the second respondent as the respondent. The Revenue Divisional Officer, Madurai, shall conduct an enquiry through the officers and dispose the same as expeditiously as

possible preferably within a period of two month from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above observations. No costs.

19.08.2025 pnn To

1. The Tahsildar, Madurai South Tahsildar Office, Madurai District.

2. The Revenue Divisional Officer, Madurai,

C.SARAVANAN, J.

pnn W.P(MD)No.22597 of 2025 Dated: 19.08.2025