The correct legal process for issuing death and legal heir certificates must consider all relevant claims and documentation.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.1557 of 2025 G.Revathi ... Petitioner vs.

1.The District Collector, District Collector Office, First Floor, Collectorate, Tiruvallur – 602 001.

2.The Tahsildar, Tiruvallur Taluk Office, JN Road, Jaya Nagar, Kakkalur, Tiruvallur – 602 001. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st Respondent and 2^nd Respondent to correct the name of the Petitioner's husband in his death certificate and to issue death certificate and legal heir certificate to her based on the Report of V.A.O. Melvilgam dated 15.02.2021 and Revenue Inspector, Pandur dated 06.2021 and consider the representation letter dated 01.04.2022 and also cancel the wrongful death certificate and legal heir certificate of the Petitioner's husband which has already issued to said Mohan (A Papayan within a time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Abivarthan For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.S.Balamurugan Government Advocate

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents 1 and 2 to correct the name of the petitioner's husband in his Death Certificate and also issue Legal Heirship Certificate based on the report of the Village Administrative Officer, Melvilagam, dated 15.02.2021 and Revenue Inspector, Pandur, dated .06.2021 by considering her representation dated

01.04.2022.

3. It is the case of the petitioner that she is the legally wedded wife of one Gopala Krishnan alias Babu Chetty. Out of wedlock, a female child- Sailaja was born to the petitioner and said Gopala Krishnan alias Babu Chetty. It is also stated by the petitioner that later her husband had an affair with one Kasthuri and a child was born to them by name Mohan alias Papaiyan. The petitioner's husband died on 13.01.2016. In the Death Certificate issued, the name of the petitioner's husband wrongly mentioned as Babu Chetty alias Babu instead of Gopala Krishnan alias Babu Chetty. It is also stated that Legal Heirship Certificate was issued mentioning the above mentioned Mohan alias Papaiyan as sole heir without mentioning the name of the petitioner and her child. Therefore, the petitioner submitted a representation before the 1^st respondent on 11.01.2021 and based on the same, an enquiry report was submitted filed by the Village Administrative Officer and Revenue Inspector. However, no steps have been taken to issue proper Legal Heirship Certificate mentioning the names of the petitioner, her child and her husband. Therefore, the petitioner submitted a fresh representation dated 04.01.2022 before the respondents seeking issuance of Legal Heirship Certificate mentioning her name and her child. The petitioner also sought for correction of the name in the Death Certificate of her husband. The same has not been considered by the respondents till date.

Hence, the petitioner has come before this Court.

4. The learned counsel appearing for the petitioner by taking this Court to the report submitted by the Village Administrative Officer, Melvilagam, dated 15.02.2021 and report of the Revenue Inspector, (signed on .06/2021), submitted that the 1^st respondent shall be directed to issue proper Legal Heirship Certificate based on the reports submitted by the Village Administrative Officer and Revenue Inspector.

5. Mr.R.Neelakandan, learned Additional Government, who is taking notice for the respondent, on written instructions