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Madras High CourtWP(MD)/31877/2025disposed of

Sirumaniyammal A v. The District Collector

2025-12-11Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.31877 of 2025 A.Sirumaniyammal ... Petitioner Vs.

1. The District Collector, District Collectorate, Trichy.

2. The Revenue Divisional Officer, Srirangam, Trichy District.

3. The Tahsildhar, Manapparai Taluk Office, Trichy District.

4. Tamilselvi ... 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 respondent to cancel the legal heir certificate in Pa.Mu. No.Aa4/2026/2022 dated 10.05.2022 and consequently direct the 2nd respondent to issue a fresh Legal heir Certificate including the petitioners sons name Glarance Kiruba and Hentry Jerold on the basis of consider her representation dated 10.09.2025.

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For Petitioner : Mr.K.Arun Raj For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader For R4 : Mr.T.Naveen Sundar

ORDER

The present writ petition has been filed seeking to quash the legal heir certificate issued by the 2nd respondent and to issue a fresh legal heir certificate including the petitioner's sons name namely Glarance Kiruba and Hentry Jerold, on the basis of the representation of the petitioner dated 10.09.2025.

2. One Mr.Amalraj had passed away on 15.10.2020. A legal heir certificate has been issued by the 2nd respondent on 10.05.2022, referring to the name of the 4th respondent as his wife and one Ebisilvester as his son.

3. A perusal of the affidavit reveals that the writ petitioner is said to have married the deceased Amalraj on 21.01.2010 and two sons namely Glarance Kiruba and Hentry Jerold were born to them. It is further averred in paragraph 3 of the writ affidavit that only in the year 2022, she came to 2/6

know about the fact that the deceased Amalraj had married the 4th respondent in the year 1997. The averments in the affidavit would clearly reveal that the 4th respondent is the first wife of the deceased Amalraj and the writ petitioner is the second wife. Admittedly the parties are governed by Indian Christian Marriage Act, 1872.

4. In view of the above said facts, the order of the 2nd respondent to issue the legal heir certificate in favour of the 4th respondent and one Ebisilvester born to the 4th respondent through the deceased Amalraj cannot be found fault with. In case, if the petitioner claims any better right than the 4th respondent, it is for her to approach the competent Civil Court.

5. It is also brought to the notice of the Court that the petitioner has given a representation to the Revenue Divisional Officer seeking to include her name and her sons name in the legal heir certificate and the order has also been passed on 27.10.2025, directing the petitioner to approach the competent Civil Court.

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6. In view of the above said facts, if the petitioner claims any better right than the 4th respondent, it is for her to approach the competent Civil Court.

7. With these observations, the writ petition stands disposed of. No costs.

11.12.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, District Collectorate, Trichy.

2. The Revenue Divisional Officer, Srirangam, Trichy District.

3. The Tahsildhar, Manapparai Taluk Office, Trichy District.

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R.VIJAYAKUMAR , J.

rgm W.P.(MD).No.31877 of 2025 11.12.2025 6/6