2024:MHC:1904 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.31643 of 2023 D. Ramachandran ... Petitioner Vs.

The Tahsildar Ayanavaram Taluk, Ayanavaram Taluk Office, Chennai – 600 023. ... Respondent Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, to consider petitioner's representation dated 25.09.2023 and 13.10.2023 and issue petitioner the Second Grade Legal heirs certificate of Late Smt. Indirani Wife of late.Purusothaman including 1) P.Parvathi 2) D.Kesavamoorthy 3) G.Gowri 4) Chandrika 5) D. Ramachandran 6) late.S.Latha 7) Late.D.Gopalakrishnan 8) Late.Babu @

Duraibabu.

For Petitioner : Mr.T.Arul For Respondent : Mr.U.Baranidharan Additional Government Pleader

O R D E R

The writ of mandamus has been instituted to direct the respondent to consider petitioner's representations dated 25.09.2023 and 13.10.2023 and issue Second Grade Legal Heirship Certificate of late Smt. Indirani Wife of late.Purusothaman including 1) P.Parvathi 2) D.Kesavamoorthy 3) G.Gowri 4) Chandrika 5) D. Ramachandran 6) late.S.Latha 7) Late.D.Gopalakrishnan

8) Late.Babu @ Duraibabu.

2. The petitioner states that his elder sister Mrs.Indirani w/o late Purusothaman died on 18.09.2003, intestate without any issues. On 10.01.1993, husband of said Indirani pre-deceased her. Father of late Mrs.Indirani died on 05.02.1999 and her mother Mrs.Thayarammal died on

12.03.2015. Mrs.Indirani died leaving behind Class 2 legal heirs.

3. Mr.T.Arul, learned Counsel for the petitioner would submit that eight legal heirs were identified. Out of which, three legal heirs are died. Therefore, their legal heirs are also entitled to claim share in the property of late Mrs.Indirani. The petitioner submitted an application seeking legal heirship certificate and it was not considered by the Authorities. Thus, the present writ petition came to be instituted.

4. Mr.U.Baranidharan, learned Additional Government Pleader, relying on the counter affidavit filed by the Tahsildar, Ayanavaram Taluk, Chennai made a submission that the application submitted by the petitioner cannot be considered, since it is not falling under the parameters contemplated under Government Order issued in G.O.(Ms)No.478 dated

29.09.2022 and G.O.(Ms).No.110 dated 13.03.2024.

5. In this context, the Counter Affidavit filed by the Tahsildar reads as under:

“3. .....the petitioner herein claims that the following are the children born to S.R.Devarajulu (father) and Tmt.Thayarammal (mother). The father of the petitioner died on 05.02.1999 and the mother of the petitioner died on

12.03.2015.

4. .....the petitioner himself admits that out of the aforesaid children born to his parents, the children noted against Sl.Nos.6 to 9 have also died. The petitioner further admits that the said sister Tmt.Indirani (mentioned against Sl.No.(9) had already married one by name Purushothaman and that the said Purushothaman expired on 10.01.1993. Subsequently, Tmt.Indirani also died on 18.09.2013 without having issues.

5. .....while things are so, the petitioner had applied for the issue of a Class-II legal heirship certificate. The request of the petitioner was not considered by this respondent. Aggrieved by this, the petitioner has filed this writ petition with the aforesaid prayer. The averments of the petitioner set out in paras 1 to 6 are all leading to the facts and circumstances of this case and this respondent is not traversing the same.

6. With regard to the averments of the petitioner set out in paras 6 to 8 of the affidavit, it is respectfully