Madras High CourtWP(MD)/25320/2019disposed of

P. Leela v. The Tahsildar

2020-01-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.25320 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25320 of 2019 P.Leela ... Petitioner Vs.

1.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

2.The Revenue Inspector, Neerenthan Revenue Village, Vadipatti Taluk, Madurai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 1st respondent in his proceedings in Omu.No.Aa3/6057-1/2019 dated 21.10.2019 and quash the same and consequently, direct the 1st respondent to issue Legal Heir Certificate to the petitioner for her deceased husband late Ponnangan, on 07.08.2017.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard Mr.D.Selvanayagam, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

2.This writ petition has been filed challenging the order passed by the first respondent in his proceeding in Omu.No.Aa3/60571/2019 dated 21.10.2019. 3.In the affidavit, it has been averred that the petitioner is the wife of one Veera Ponnangan and their marriage was solemnized on 27.01.1999 and after their wedlock, a male child viz., Vishnu, was born on 27.07.2000. Prior to the marriage of the petitioner, her https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.25320 of 2019 husband married one Malarjothi, who died on 19.09.1995 and after their wedlock, four children were born. While so, the husband of the petitioner died on 07.08.2017 and hence, the petitioner had applied for Legal Heir Certificate and the same was rejected by the Tahsildar stating that the deceased had two wives. Challenging the same, the petitioner is before this Court.

4.When the matter came up for hearing today, the learned Government Advocate appearing for the respondents, upon instructions, submitted that Legal Heir Certificate has been issued, including the children born through the first wife. 5.Recording the submission made by the learned Government Advocate appearing for the respondents, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To:

1.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

2.The Revenue Inspector, Neerenthan Revenue Village, Vadipatti Taluk, Madurai District.

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-709[F] dated 08/01/2020 ) +1 CC to M/s.SPL.GP ( SR-725[F] dated 08/01/2020 ) W.P(MD)No.25320 of 2019 07.01.2020 JMN(27.01.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2