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Madras High CourtWP(MD)/31273/2025allowed

P.Kalaiarasan v. The District Collector

2025-11-19Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.31273 of 2025 and W.M.P(MD)No.24469 of 2025 P.Kalaiarasan ... Petitioner Vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

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

3. The Tahsildar, Palaymkottai, 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 Impugned Online rejection application for issuance legal heir certificate in Application No.TN-720250428701 dated NIL passed by the 3rd respondent and quash the same as illegal and consequently for a direction directing the Respondent No.3 to issue the legal heir certificate to the Petitioner s late father namely S.Perumal and 1/6

pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.K.Dinesh For R1 to R3 : Mr.D.Sasi Kumar 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 Impugned Online rejection application for issuance legal heir certificate in Application No.TN-720250428701 dated NIL passed by the 3rd respondent and quash the same as illegal and consequently for a direction directing the Respondent No.3 to issue the legal heir certificate to the Petitioner s late father namely S.Perumal and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice."

2. The brief facts as set out in the affidavit filed in support of the writ petition reads as follows:- 2/6

The petitioner would submit that his father late S.Perumal had two wives namely Pechiyammal and Laxmi. Through the 1st wife/Pechiyammal, the petitioner's father had two children and through the 2nd wife/Laxmi, the petitioner's father had three children. While so, the petitioner's father had passed away in the year 1999 and subsequent to his death, his 1st wife/Pechiyammal had also died. After the death of his father, the petitioner had applied for the issuance of legal heir certificate through an online application, however, the same was rejected on the ground that name of the wife is missing and A1 notice not enclosed.

3. He would submit that though he had submitted the A1 notice along with self declaration showing all the legal heirs including the petitioner's father's 1st wife and 2nd wife, the same was rejected without verification.

4. The petitioner would further submit that without issuing notice to the petitioner and without conducting a proper enquiry, the respondent had straight away rejected the application submitted by the petitioner and the same is against the principles of natural justice. 3/6

5. In the light of the above, the impugned order passed by the respondent is set aside and the matter is remitted back to the respondent for fresh consideration, after affording an opportunity for personal hearing to the petitioner pass final orders on merits and in accordance with law.

6. In case of a rejection, a speaking order shall be passed. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected miscellaneous petition is closed.

19.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Tirunelveli, Tirunelveli District.

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

3. The Tahsildar, Palaymkottai, Tirunelveli District.

5/6

P.T.ASHA, J.

rgm W.P.(MD).No.31273 of 2025 and W.M.P(MD)No.24469 of 2025 19.11.2025 6/6