Petchithai v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.166 of 2025 Petchithai ... Petitioner Vs.

The Tahsildar, Sathankulam Taluk Office, Sathankulam, Thoothukudi.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the respondent online status rejecting the petitioner's application for grant of REV114 Legal Heirs Certificate made in TN720240916745 dated 16.09.2024 and quash the same as illegal and consequently directing the Tahsildar, Sathankulam, the respondent herein to provide the Legal Heirs Certificate to the petitioner within a stipulated time that may be fixed by this Court. For Petitioner : Ms.K.Abiya For Respondent : Mr.D.S.Neduncheliyan Government Advocate 1/4

ORDER

Challenging the rejection order of the respondent dated 16.09.2024 rejecting the petitioner's application seeking for grant of legal heir certificate, this writ petition is filed.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. The reason for rejection of the petitioner's application seeking for grant of legal heir certificate is that the deceased husband of the petitioner had two wives, among whom, the second wife had already passed away and hence, the application made by the first wife, the petitioner herein, is not entertainable.

5. I feel that the impugned order is ridiculous in nature and hence, the impugned order dated 16.09.2024 passed by the respondent is hereby quashed. The matter is remanded back to the respondent with a direction to the respondent to issue proper legal heir certificate incorporating all the children of 2/4

both wives including the surviving wife, within a period of four weeks form the date of receipt of a copy of this order.

6. In the result, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 07.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:- The Tahsildar, Sathankulam Taluk Office, Sathankulam, Thoothukudi.

Order made in Dated 07.01.2025 4/4