IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI

W.P. Nos.47922 of 2025

Malliga Petitioner

Vs

1. The Commissioner

Greater Chennai Corporation,

Rippon Building, Chennai.

2.The District Revenue Officer/

None-8, Greater Chennai Corporation,

36 B-Pulla Avenue,

Shenoy Nagar, Chennai -30.

3.The Assistant Commissioner,

Public Department (Pension Section),

Greater Corporation of Chennai.

4.Kondamma

5.T.Gopi

6.T.Rajesh Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the impugned proceedings in Na.Ka.No. C4/857/2022 dated 28.09.2022 on the file of the 2^nd

respondent and quash the same and consequently, to direct the respondents 1 to 3 to sanction family pension to the petitioner on the basis of the legal heirs certificate issued by the Tahsildar, Pallavaram and no objections given by 4^th to

6^th respondents, without insisting further order from the civil court.

For Petitioner : Mr.Shaikh Mehrunisa For Respondents : Ms.Aswini Devi. K for R1-R3

ORDER

Ms. K. Aswini Devi, learned counsel takes notice for the respondents 1 to 3. As no adverse orders are passed against the respondents 4 to 6, notice to the them is dispensed with.

2. This writ petition has been filed to call for the records relating to the impugned proceedings in Na.Ka.No. C4/857/2022 dated 28.09.2022 on the file of the 2^nd respondent, to quash the same and consequently direct the respondents 1 to 3 to sanction family pension to the petitioner on the basis of the Legal Heirship Certificate issued by the Tahsildar, Pallavaram and the no- objection given by respondents 4 to 6, without insisting upon any further order from the Civil Court.

2. Facts in brief :-

a) The petitioner claims to be the second wife of one Tirupal (deceased).

It is stated that the deceased earlier married one Kondamma, and through the said wedlock, they were blessed with two sons, namely Gopi and Rajesh, who are arrayed as respondents 5 and 6 herein. It is further stated that Kondamma thereafter performed another marriage and started living separately.

b) According to the petitioner, for the purpose of taking care of the two sons of the deceased, Tirupal contracted a second marriage with the petitioner. However, admittedly, no documentary proof evidencing the said marriage has been produced. However, it is the contention of the petitioner that in the Aadhar card, Family card etc., her name finds place as Member of the deceased Thirupal, along with two sons. While so, in the year 2019, her husband died. After the demise of Thirupal, the petitioner applied for a Legal Heirship Certificate, and the Tahsildar, Pallavaram issued a certificate in favour of the petitioner and respondents 5 and 6 as legal heirs of the deceased. It is stated that after obtaining necessary No Objection Certificates, an amount of Rs.3,00,000/-

was initially disbursed to the elder son of the deceased by the 1^st respondent.

c) Subsequently, the elder son of the deceased, submitted a representation dated 16.07.2019 seeking compassionate appointment. In the meanwhile, as per certain requirements, the petitioner filed O.S. No.113 of 2020 before the IV Additional Family Court, Chennai, as against the 1^st wife, Kondamma, wherein the 1^st respondent herein was also arrayed as a party respondent. During the pendency of the said suit, the 1^st respondent, vide proceedings dated 28.04.2021, rejected the claim of the petitioner’s son and refused to disburse the terminal benefits of the deceased on the ground that the deceased had contracted a second marriage without dissolving the 1^st marriage through due process of law. The said proceedings were challenged before this Court in W.P. No.2186 of 2022, and this Court, by order dated 03.01.2022, quashed the said proceedings. Thereafter, O.S. No.113 of 2020 was referred to Lok Adalat, and based on a Joint Memo of Compromise, the suit came to be closed. After a considerable lap