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.

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.