V.Nithish Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.29229 of 2025 and W.M.P(MD)No.22595 of 2025 V.Nithish Kumar ... Petitioner Vs.

1. The District Collector, District Collectorate, Dindigul District.

2. The Revenue Divisional Officer, Palani.

Dindigul District.

3. The Thasildar, Palani Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for records of the online impugned order passed by the 3rd respondent Ref No. nil dated 22.08.2025 and direct the respondent to issue legal heir certificate of petitioner's Deceased brother Senthilkumar, S/o.Vellai Raj based on the petitioners application dated on 22.08.2025. 1/6

For Petitioner : Mr.S.Karthik For R1 to R3 : Mrs.S.Jeya Priya Government Advocate

ORDER

This writ petition has been filed for a Certiorarified Mandamus to call for records of the online impugned order passed by the 3rd respondent Ref No. nil dated 22.08.2025 and direct the respondent to issue legal heir certificate of petitioner's Deceased brother Senthilkumar, S/o.Vellai Raj based on the petitioners application dated on 22.08.2025.

2. Mrs.S.Jeya Priya, learned Government Advocate takes notice on behalf of the respondents.

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

4. The case of the petitioner is that the petitioner's father namely Vellairaj had married one Manonmani and through her the petitioner's brother namely Senthil Kumar was born. The said Manonmani died on 2/6

19.07.1998. Thereafter, he married the petitioner's mother namely Umadevi and through her the petitioner and his brother namely Rishikesh were born. The petitioner's father had passed away on 01.08.2019, due to illness. While so, the petitioner's elder brother namely Senthilkumar made a pilgrimage to Kasi Yathra at Varanasi. At that time, due to sudden illness he died on 29.03.2023 and the death certificate was also issued by the Government of Uttar Pradesh on 20.08.2025. Thereafter, the petitioner had applied for Legal Heirship Certificate on 22.08.2025 showing himself and his brother Rishikesh as legal heirs of the deceased Senthil Kumar. However, the same was rejected by the 3rd respondent vide his order dated 22.08.2025. Challenging the same, the petitioner has come before this Court.

5. Heard the learned counsel on either side.

6. The order impugned is contrary not only to the provisions of the Succession Act but also to the Government Order issued by the Government of Tamil Nadu in G.O.M.S.No.478 Revenue and Disaster Management and Revenue Administration Department dated 29.09.2022. 3/6

7. Therefore, the impugned order passed by the 3rd respondent dated 22.08.2025 is set aside. Accordingly, the writ petition stands allowed and the respondents are directed to consider the online application submitted by the petitioner dated 22.08.2025 afresh and pass appropriate orders on merits and in accordance with law within a period of two (2) weeks from the date of receipt of a copy of this order.

8. With these directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 16.10.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, District Collectorate, Dindigul District.

2. The Revenue Divisional Officer, Palani.

Dindigul District.

3. The Thasildar, Palani Taluk, Dindigul District.

5/6

P.T.ASHA, J.

rgm W.P.(MD).No.29229 of 2025 and W.M.P(MD)No.22595 of 2025 16.10.2025 6/6