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Madras High CourtWP(MD)/31400/2025allowed

Maideen Abdul Kadar v. The District Collector

2025-11-05Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.31400 of 2025 Maideen Abdul Kadar ... Petitioner Vs.

1. The District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tashildar, Keelakarai Taluk, Ramanathapuram District.

4. Jailani Beevi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd and 3rd respondents to include the petitioner s name Maideen Abdul Kadar, and his brother s name Peermohamed Maideen and his mother s name Rejina Beevi in the legal heir certificate of petitioner s father, Beerkani by considering the petitioner s representation dated 13.09.2025. 1/6

For Petitioner : Mr.V.Baskaran For R1 to R3 : Mrs.D.Farjana Ghoushia Special 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 Mandamus directing the 2nd and 3rd respondents to include the petitioner s name Maideen Abdul Kadar, and his brother s name Peermohamed Maideen and his mother s name Rejina Beevi in the legal heir certificate of petitioner s father, Beerkani by considering the petitioner s representation dated 13.09.2025."

2. Mrs.D.Farjana Ghoushia, learned Special Government Pleader takes notice on behalf of the respondents 1 to 3. Since no adverse orders are going to be passed against the 4th respondent, notice to her is dispensed with.

3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. 2/6

4. The facts as set out in the affidavit filed in support of the writ petition reads as follows:- The petitioner would submit that his father namely Beerkani had two wives. The first wife namely Jailani Beevi is the 4th respondent herein and the second wife namely Rejina Beevi is the petitioner's mother. He would submit that through the first wife, his father had four children viz., Jennathul Firthous, Peer Ahamed, Peer Bahurudeen and Segu Sulaiha. Through the second wife, the petitioner namely Maideen Abdul Kadar and his brother namely Peermohamed Maideen were born. While so, the petitioner's father had passed away on 01.08.2025.

5. In this connection, the petitioner had sought for a legal heir certificate from the 4th respondent, however the same was not granted to him. Aggrieved by the same, he had filed a suit in O.S.No.114 of 2025, on the file of the Principal District Munsif, Thoothukudi and the same is pending.

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6. At this juncture, the 4th respondent along with her children had obtained legal heir certificate from the 3rd respondent on 01.08.2025 excluding the name of the petitioner, his brother and his mother. Therefore, the petitioner had sent a representation to 1st respondent to include his name, his brother's name and his mother's name in the legal heir certificate. The 1st respondent had forwarded the said representation to the 2nd respondent on 23.09.2025, however, to date no steps had been taken by the 2nd respondent. Therefore, the petitioner has come before this Court.

7. Mrs.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the representation submitted by the petitione dated 13.09.2025 will be considered within the time stipulated by this Court.

8. In view of the same, without expressing any opinion on the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 13.09.2025 and pass appropriate orders on merits and 4/6

in accordance with law, after issuing notice to the petitioner, 4th respondent, legal heirs of the deceased Beerkani and other interested parties, if any. The said exercise shall be completed within a period of four

(4) weeks from the date of receipt of a copy of this order.

9. With the above directions, the writ petition stands disposed of. No costs.

05.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA , J.

rgm To

1. The District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tashildar, Keelakarai Taluk, Ramanathapuram District.

W.P.(MD).No.31400 of 2025 05.11.2025 6/6