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Madras High CourtWP(MD)/28290/2025allowed

Pechiammal v. The Revenue Divisional Officer

2025-10-13Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.28290 of 2025 and W.M.P(MD)No.21994 of 2025 Pechiammal ..Petitioner Vs 1.The Revenue Divisional Officer, Office of the District Collector, Madurai District.

2.The Tahsildar, North Madurai, Office of the District Collector Madurai District.

3.The Village Administrative Officer, Sellur, Madurai 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 the impugned order passed by the 2nd respondent under reference file no.TNPACMDU145000017367 dated 08.07.2025 and set aside the same as 1/5

erroneous and illegal and consequently direct the 2nd respondent to issue legal heir certificate in respect of the deceased Raju by including his two wives and their children as the legal heirs of the deceased forthwith. For Petitioner : Mr.J.Jeevin For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader

ORDER

This writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in file No.

TNPACMDU145000017367 dated 08.07.2025, set aside the same as erroneous and illegal, and consequently direct the second respondent to issue a legal heir certificate in respect of the deceased Raju, by including his two wives and their respective children as the legal heirs of the deceased.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. Perused the materials placed on record.

3. The learned counsel for the petitioner submitted that the impugned order is a one-line order and non-speaking in nature, and therefore, it is liable to be set aside.

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4. The learned Special Government Pleader appearing for the respondents submitted that the deceased had two wives, but the petitioner had not disclosed the said fact in the application. Hence, the impugned order came to be passed rejecting the petitioner's request.

5. On a perusal of the impugned order, this Court finds that it is nonspeaking and does not disclose any reasons for rejection. Accordingly, the same is set aside. The matter is remitted back to the second respondent for fresh consideration. The second respondent is directed to pass a reasoned order, after affording an opportunity of hearing to the petitioner as well as to any other interested parties, within a period of one month from the date of receipt of a copy of this order.

6. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

13.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Revenue Divisional Officer, Office of the District Collector, Madurai District.

2.The Tahsildar, North Madurai, Office of the District Collector Madurai District.

3.The Village Administrative Officer, Sellur, Madurai District.

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P.T.ASHA, J.

skn Writ Petition(MD)No.28290 of 2025 and W.M.P(MD)No.21994 of 2025 13.10.2025 5/5