Muneeswari v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.33376 of 2025 and W.M.P(MD)No.26348 of 2025 Muneeswari ... Petitioner Vs.

The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of respondent in respect of the petitioners application in TN-7202510031443 dated 03.10.2025, uploaded in the official website of the government, quash the same and consequently direct the respondent herein to issue legal heir certificate to the petitioner that she is the sole legal heir of her husband late S.Pandiyarajan, S/o.Subbiah and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.V.S.Kumara Guru For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader 1/6

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 calling for the records relating to the impugned order of respondent in respect of the petitioners application in TN-7202510031443 dated 03.10.2025, uploaded in the official website of the government, quash the same and consequently direct the respondent herein to issue legal heir certificate to the petitioner that she is the sole legal heir of her husband late S.Pandiyarajan, S/o.Subbiah and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice."

2. Mrs.D.Farjana Ghoushia, learned Special Government Pleader takes notice on behalf of the respondent.

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

4. The case of the petitioner is that she got married to one S.Pandiyarajan on 21.03.2018 and due to difference of opinion, the petitioner and her husband got separated. In this connection, the petitioner 2/6

had filed a petition for restitution of conjugal rights in HMOP.No.25 of 2022 and her husband had filed dissolution of marriage in HMOP.No.828 of 2021 on the file of the Subordinate Judge, Thirumangalam. Pending the proceedings, the petitioner's husband had passed away on 21.08.2025, leaving the petitioner as his sole legal heir, since the petitioner's husband's mother and father pre-deceased him. Subsequent to her husband's death, HMOP.No.282 of 2021. was dismissed recording his death. The petitioner had also withdrawn her petition.

5. At this juncture, she had applied for legal heir certificate for her husband through online on 03.10.2025. However, same was rejected by the respondent vide order dated 03.10.2025, on the ground that there is a matrimonial litigation for dissolution of marriage pending and further directed the petitioner to produce copy of the proceedings.

6. The petitioner's contention is that without conducting a proper enquiry and without issuing notice to the petitioner, the respondent straight away rejected the application submitted by the petitioner is against the principles of natural justice.

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7. Heard the learned counsel on either side.

8. Considering the fact that the dissolution of marriage in HMOP.No.828 of 2021, on the file of the Subordinate Judge, Thirumangalam, had been dismissed and the husband having died prior to the dismissal of the HMOP.No.828 of 2021, the respondent is directed to consider the representation of the petitioner dated 03.10.2025 and pass appropriate orders in accordance with law, within a period of three 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. Consequently, connected miscellaneous petition is closed. 24.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To The Tahsildar, Thirumangalam Taluk, Madurai District.

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P.T.ASHA, J.

rgm W.P.(MD).No.33376 of 2025 and W.M.P(MD)No.26348 of 2025 24.11.2025 6/6