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2026 Supreme(Online)(Mad) 11966

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
R.Umasankari – Appellant
Versus
The Tahsildar – Respondent



##PAGE1##

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05.02.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD)No.3170 of 2026

R.Umasankari ...Petitioner

Vs

The Tahsildar,

Taluk Office,

Srivilliputhur. ...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,

to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to

the impugned order passed by the Respondent in Proceedings No.O.Mu.A.

4/4187/2025 dated 09.01.2026, quash the same as illegal, and consequently

direct the Respondent to issue Clause II Legal Heir Certificate in favour of the

petitioner based on her application dated 03.12.2025.

For Petitioner : M/s.D.Senthil

For Respondent : M/s.M.Gangadharan

Government Advocate

* * * * *

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##PAGE2##

ORDER

The present writ petition has been filed seeking to quash the order passed

by the respondent herein on 09.01.2026, wherein the request to the petitioner

for issuance of legal heir certificate has been rejected on the ground that the

petitioner is a class-II legal heir.

2. A perusal of the records reveal that the petitioner's father namely, Rajan

had two wives, namely, Palaniammal, who is the first wife and Saraswati, who

is the second wife. Palaniammal had died without any issues. The petitioner is

the daughter through Saraswati. The petitioner has made an application seeking

legal heir certificate to the effect that she is the legal heir of Palaniammal. The

said request has been rejected on the ground that the petitioner is the Class II

legal heir. Hence, the present writ petition.

3. The Government of Tamil Nadu has issued G.O.(Ms).No.478, Revenue

and Disaster Management, Revenue Administration Wing, RA-3(2) Section,

dated 29.09.2022. This Government Order was amended by G.O.Ms.No.110 of

the same department, dated 13.03.2024, making a provision for granting legal

heir certificate to Class-II legal heirs also. Therefore, merely on the ground that

the petitioner is a class-II legal heir, her application seeking legal heir certificate

cannot be rejected without conducting an enquiry.

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##PAGE3##

4. In view of the above said facts, the order impugned in the writ petition

is hereby set aside and the matter is remitted back to the file of the respondent

herein and the respondent shall conduct an inquiry and in case if he finds that

the petitioner is a class-II legal heir, a certificate to the side effect shall be

issued as per the Government Orders mentioned above.

5. With the above said observations, this writ petition stands disposed of.

No costs.

05.02.2026

NCC : Yes/No

Index : Yes/No

Internet: Yes/No

RJR

To

The Tahsildar,

Taluk Office,

Srivilliputhur.

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##PAGE4##

R.VIJAYAKUMAR , J.

RJR

W.P.(MD)No.3170 of 2026

05.02.2026

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