← Library
Madras High CourtWP(MD)/30260/2025allowed

M.Gomathi v. The Revenue Divisional Officer

2025-11-18Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.30260 of 2025 and W.M.P(MD)No.23394 of 2025 S.Saravanakumar ... Petitioner Vs.

1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2. The Tahsildar, Taluk Office, Tirunelveli Taluk, Tirunelveli 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 records pertaining to the impugned Nil order dated 28.07.2025 issued by the 2nd Respondent and quash the same as illegal and consequently direct the 2nd Respondent to issue Legal Heir Certificate of M.Krishnan S/o.Masanam to the Petitioner based on his application in TN-7202507231186, within the stipulated time fixed by this Honble Court.

1/6

For Petitioner : Mr.M.Pandian For R1 & R2 : Mr.A.Kannan Additional Government Pleader

ORDER

The above writ petition has been filed for the following relief:- "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 records pertaining to the impugned Nil order dated 28.07.2025 issued by the 2nd Respondent and quash the same as illegal and consequently direct the 2nd Respondent to issue Legal Heir Certificate of M.Krishnan S/o.Masanam to the Petitioner based on his application in TN-7202507231186, within the stipulated time fixed by this Honble Court."

2. The case of the petitioner is that the petitioner's son namely Krishanan had passed away on 13.06.2024 and pursuant to his death, the petitioner had submitted an online application for issuance of legal heir certificate for the deceased Krishnan. However, the same was rejected on the ground that the petitioner's son namely M.Krishnan had two wives. 2/6

3. The petitioner would submit that without conducting proper enquiry, the respondents had rejected the application submitted by the petitioner is contrary to G.O(Ms)No.110, Revenue and Disaster Management Department (Wing RA-3(2) Section) dated 13.03.2024.

4. Heard the learned counsel on either side.

5. A perusal of the impugned order dated 28.07.2025 would reveal that no proper inspection or hearing has been conducted. Therefore, the impugned order dated 28.07.2025 is set aside and the matter is remitted back to the 2nd respondent, who shall consider the application of the petitioner afresh. The petitioner is directed to submit all the necessary documents to the respondents to show as to who was her son's legally wedded wife. On receipt of the same, the respondents are directed to issue summons to the legally wedded wife of the deceased Krishnan and thereafter, pass a speaking order on merits and in accordance with law. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 3/6

6. With the above directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 18.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2. The Tahsildar, Taluk Office, Tirunelveli Taluk, Tirunelveli District.

5/6

P.T.ASHA, J.

rgm W.P.(MD).No.30260 of 2025 and W.M.P(MD)No.23394 of 2025 18.11.2025 6/6