K. Thangammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Thangammal ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Palani Taluk, 3.The Tahsildar, Sivagiripatti, Palani Taluk, 4.The Tahsildar, Madurai West Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 3rd respondent to issue legal heir certificate.

For Petitioner : M/s.B.Bhuvaneshvari For Respondents : Mr.T.Amjad Khan, Government Advocate 1/5

ORDER

By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2.This writ petition has been filed to direct the 3rd respondent to issue legal heir certificate.

3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.The petitioner's husband died on 05.11.2005, and he was survived by the petitioner and his two children, namely, Senthil Kumar and Malarvizhi. The petitioner's son is living in Madurai and during her husband's visit to Madurai he passed away in Madurai on 05.11.2005. His death was registered in Madurai district and the death certificate came to be issued on 06.02.2022. Thereafter, the petitioner had applied for legal heir certificate along with the death certificate of the petitioner's husband on 08.03.2022. However the application was rejected by the 3rd respondent and the same was intimated to the petitioner by a message to her mobile phone. 2/5

On verification, it was communicated to her that she should avail the legal heir certificate from Madurai, that is, from the place of death. 5.However, this Court is of the considered view that the deceased person as well as the petitioner are permanent residents of Palani, and they have their own house and other properties situated in Palani. In view of the same, the 3rd respondent is directed to issue a legal heir certificate to the petitioner by considering her application dated 08.03.2022 if otherwise qualified.

6.Accordingly, this writ petition stands disposed of. No costs. 26.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, 2.The Revenue Divisional Officer, Palani Taluk, 3/5

3.The Tahsildar, Sivagiripatti, Palani Taluk, 4.The Tahsildar, Madurai West Taluk, Madurai District.

4/5

L.VICTORIA GOWRI, J.

Sml 26.11.2024 5/5