Shanmugam v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.24639 of 2025 Shanmugam ... Petitioner Vs 1.The Revenue Divisional Officer, Devakottai Division, Office of RDO, Devakottai, Sivagangai District.
2.The Tahsildar, Taluk Office, Karaikudi Taluk, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue legal heir certificate of deceased Subramanian by including the petitioner's name (Shanmugam) as legal heir by considering the petitioner's representation dated 01.09.2025 within stipulated time fixed by this Court. For Petitioner : Mr.K.R.Manimaran For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
The present writ petition is filed seeking a direction to the second respondent to issue legal heir certificate of deceased Subramanian by including 1/5
the petitioner's name (Shanmugam) as legal heir by considering the petitioner's representation dated 01.09.2025 within stipulated time fixed by this Court. 2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioner is that he is the son of one Solai and Lakshmi. His father, namely Solai has only one brother, namely Subramanian. The said Subramanian died in the year 2015 as bachelor and issueless. During his life time, the petitioner and his mother were looking after the said Subramanian, being the uncle of the petitioner. The grandparents of the petitioner, who are the parents of said Subramanian also died several years ago.
Therefore, the petitioner being the son of Subramanian's brother, is the only legal heir of said Subramanian. Thereby, the petitioner applied for legal heir certificate before the authorities concerned followed by a representation dated 01.09.2025. However, the same were not considered. Hence, the petitioner has filed the present writ petition.
4.Considered the rival submissions made on either side and perused the materials placed on record.
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5.The very application filed by the petitioner appears to be false. Even according to him, in his affidavit filed in support of this writ petition, he has described himself as the son of Solai and Lakshmi and that his paternal grandparents and father are dead. However, in the self declaration, he claims that he is the adopted son of the deceased, Subramanian and that his grandparents are alive.
6.Considering the facts and circumstances of the case, this Court directs the petitioner to file a fresh application enclosing the death certificates of his parents and his uncle and also a certificate to the effect that the said Subramanian was not married during his life time. On such application being filed, the respondents shall consider the same, if it is otherwise in order, and pass appropriate orders on merits and in accordance with law. 7.With the above observations, this writ petition is dismissed. No costs. 11.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk 3/5
To 1.The Revenue Divisional Officer, Devakottai Division, Office of RDO, Devakottai, Sivagangai District.
2.The Tahsildar, Taluk Office, Karaikudi Taluk, Sivagangai District.
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P.T.ASHA, J.
Rmk Writ Petition(MD)No.24639 of 2025 11.09.2025 5/5