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2026 Supreme(Online)(Mad) 7738

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Krishnan @ Krishnaraj – Appellant
Versus
The District Collector – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.162 of 2026 Krishnan @ Krishnaraj ...Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Kappaloor, Tirumangalam, Madurai District.

3. The Tahsildar, Madurai Tiruparankundram Taluk Office, Madurai District. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to issue legal heir certificate in favor of the petitioner as the legal heirs of deceased Ramasamy Achari and Thayammal on basis of petitioner's representation dated 10.12.2025.

For Petitioner : M/s.M.Pozhilan For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader

ORDER

The present writ petition has been filed seeking a mandamus as against the 3rd respondent for issuance of legal heir certificate in favour of the petitioner as leglal heir of the deceased Ramasamy Achari and his wife Thayammal on the basis of the petitioner's representation dated 10.12.2025.

2. It could be seen from the averments in the affidavit that one Ramasamy Achari has passed away on 23.05.2000 leaving behind his wife Thayammal, who had passed away on 13.06.2002.

3. According to the learned counsel appearing for the writ petitioner, his wife, namely, Mahalakshmi, was adopted by the couple Ramasamy Achari and Thayammal. After the death of Ramasamy Achari, Thayammal has executed a Will in favour of the petitioner's wife on 12.03.2001. He further submits that his wife has passed away on 10.10.2025. Therefore, he is the sole legal representative for all the properties of Ramasamy Achari and Thayammal and therefore, a legal heir certificate has to be issued by the 3rd respondent.

4. The averments made in the affidavit will clearly indicate that the petitioner has to prove either the adoption of his wife ( Ramasamy Achari and Thayammal) or atleast the Will said to have been executed by Thayammal in favour of petitioner's wife on 12.03.2001. These two facts could be established only before the competent civil Court. In such circumstances, a mandamus cannot be issued as against the 3rd respondent for issuance of the legal heir certificate. Granting liberty to the petitioner, this writ petition stands disposed of. No costs.

09.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Kappaloor, Tirumangalam, Madurai District. 3. The Tahsildar, Madurai Tiruparankundram Taluk Office, Madurai District.

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.162 of 2026

09.01.2026

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