Mahalakshmi C vs The Tahsildar - 2026 Supreme(Online)(Mad) 12171

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2026 Supreme(Online)(Mad) 12171

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. Vijayakumar, J
Mahalakshmi C – Appellant
Versus
The Tahsildar – Respondent
W.P.(MD)No.34955 of 2025|W.M.P(MD)No.27642 of 2025|W.M.P(MD)No.27643 of 2025

Important Points

When a lower revenue authority has already referred a dispute regarding a legal heir certificate to a higher authority for review, the court may direct the higher authority to conduct a time-bound enquiry rather than quashing the initial certificate.

Subject

Civil Law - Revenue Law

Act Referred

Constitution of India: Art.226

Headnote

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash a legal heir certificate dated 08.09.2025 issued by the first respondent. The petitioner claimed to be the second wife of the deceased and sought the inclusion of her name in the certificate based on a representation dated 25.09.2025. The court noted that the first respondent had already referred the matter to the Revenue Divisional Officer on 11.12.2025. The primary issue was whether the impugned legal heir certificate should be quashed to allow for the petitioner's inclusion. The court reasoned that since the matter had already been referred to the Revenue Divisional Officer for review, the question of setting aside the order of the Tahsildar did not arise at that stage. The 6th respondent, namely, the Revenue Divisional Officer, Usilampatti, Madurai District, is directed to conduct an enquiry and pass orders after giving due opportunity to the writ petitioner and the respondents 2 to 5 herein.

Advocates:
For the Appellants/Petitioners: R. Shankar Ganesh
For the Respondents: M. Gangadharan, S.M. Ramsiva

Table of Content
1. claim for inclusion in a legal heir certificate based on marital status as a second wife. (Para 1 , 2 , 3)
2. administrative referral to a higher authority renders the immediate quashing of the lower order unnecessary. (Para 4)
3. direction for a time-bound enquiry by the revenue divisional officer to resolve heirship disputes. (Para 5 , 6)

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned legal heir certificate bearing No.TN-7202508202412 dated 08.09.2025 on the file of the 1st respondent and quash the same as illegal and consequently direct the 1st respondent to issue the fresh legal heir certificate by including the name of the petitioner on the basis of the petitioner's representation dated 25.09.2025.

ORDER

The present writ petition has been filed seeking to quash the issue legal heir certificate issued by the first respondent and direct the first respondent to issue fresh legal heir certificate by including the name of the petitioner on the basis of her representation dated 25.09.2025.

2. It could be seen from the records that the legal heir certificate has been issued for the death of one Chinnan on 08.09.2025 by the first respondent wherein the name of the petitioner is not found.

3. According to the learned Counsel appearing for the writ petitioner, the petitioner is the second wife of the deceased Chinnan and therefore, her name cannot be left out.

4. It is brought to the notice of the Court by the learned Government Advocate appearing for the first respondent that the first respondent referred the issue to the Revenue Divisional Officer on 11.12.2025. Therefore, the question of setting aside the order of Tashildar does not arise.

5. The 6th respondent, namely, the Revenue Divisional Officer, Usilampatti, Madurai District, is directed to conduct an enquiry and pass orders after giving due opportunity to the writ petitioner and the respondents 2 to 5 herein. The said exercise shall be completed within a period of 8(eight) weeks from the date of receipt of a copy of this order.

6. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.