S.Abdhul Haq v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.25189 of 2025 S.Abdhul Haq ... Petitioner Vs.
1. The District Collector, Collectorate, Ramanathapuram District.
2. The Tahsildar, The Tahsildar Office, Ramanathapuram Taluk Ramanathapuram 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 2nd respondent herein to issue legal heir ship certificate of petitioners father deceased Syed Abubacker in pursuant to the judgment and decree dated 25.02.2025 passed in O.S.No.51 of 2024 on the file of the District Munsif Court, Ramanathapuram by considering petitioners representation dated 26.07.2025.
For Petitioner : Mr.Vashik Ali For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader 1/4
ORDER
The writ petition has been filed seeking a direction to the 2nd respondent to issue legal heirship certificate to the petitioner by considering his representation dated 26.07.2025.
2. It is the case of the petitioner that his father Syed Abubacker had married one Ummul Hairoon who gave birth to six children including the petitioner. Two of the brothers of the petitioner namely Saleem and Kadhar Mohamed were unmarried and had died issueless. Further the petitioner's sister namely Ramalan Beevi died on 19.02.2013 leaving behind her husband Segu Maidheen and son Vasim Khan as the surviving legal heirs. The petitioner's mother pre-deceased his father on 13.07.2022 and his father died on 21.12.2017 leaving behind the petitioner, Nagoor Abhul Aleem and Taj Nisha as the surviving legal heirs.
3. The petitioner would submit that he had made an application for issue of legal heirship certificate in respect of his father before the 2nd respondent. The 2nd respondent however turned on the request by order dated 28.12.2023 by contending that there were two more legal heirs 2/4
namely Haja Maidheen and Abdhul Kadhar. Therefore, the petitioner along with other legal heirs had filed O.S.No.51 of 2024 on the file of the District Munsif Court, Ramanathapuram to declare the petitioner and others as a legal representatives of the deceased Syed Abubacker. The suit was decreed in favour of the 3rd respondent by a judgment and decree dated 25.01.2025. The Tahsildar, Ramanathapuram and the District Collector, Ramanathapuram are the defendants 1 and 2 in the said suit.
4. In the light of the above decree, that too in a Suit where the respondents are parties, the reluctance on the part of the respondents to issue legal heirship certificate has to necessarily be deprecated.
5. Accordingly, the writ petition is allowed and the respondents are directed to issue legal heirship certificate to the petitioner within a period of fifteen (15) days from the date of receipt of a copy of this order. No costs.
16.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
P.T.ASHA, J.
rgm To
1. The District Collector, Collectorate, Ramanathapuram District.
2. The Tahsildar, The Tahsildar Office, Ramanathapuram Taluk Ramanathapuram District.
W.P.(MD).No.25189 of 2025 16.09.2025 4/4