IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No 5828 of 2026

1. Murugaiyan S/o. Rangasamy Gounder, Door No.66/34, Majarasokumaripalayam, Chinnaripaayam Village, Nambiyur, Erode District -638 456

2. Devi W/o. Thangaraj Door No.44, Puliyampallayam, Thalkuni Village,Kolappalur, Nambiyur Taluk,Erode District -638 456 ..Petitioner(s)

Vs

1. The Revenue Divisional Officer Gobichettipalayam.

2. The Tasildar Nambiyur Erode District -638 456 ..Respondent(s)

PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned memorandum passed by the 2nd Respondent in No.Na.Ka.1351/2025/Aa1 dated 06.10.2025 and quash the same and consequently directing the respondents to issue legal heirs certificate to petitioners in pursuant to the Judgment of Decree of the Hon’ble Principal District Munsif Gobichettipalayam in O.S. No.123/2020 dated 07.04.2025.

For Petitioner(s): M/s.L.P.Shanmugasundaram For Respondent(s): Mr.S.Rajesh, Government Advocate

ORDER

The petitioner seeks to quash the impugned order dated 06.10.2025 in Na.Ka.No.1351/2025/Aa1 and direct the respondents to issue legal heirs certificate to the petitioners pursuant to the judgment and decree of the Hon’ble Principal District Munsif, Gobichettipalayam, in O.S.No.123 of 2020.

2.The short facts of the case are as follows.

2.1.The subject matter of the writ petition relates to the legal heir certificate of one Nachiyammal. Nachiyammal was married to one Perumal Gounder. They were issueless. The father of Perumal Gounder and the father of the petitioners are brothers ie., the petitioners are none other than the cousins of Perumal Gounder. Perumal Gounder had a sister Periammal who died on 07.03.1975 issueless. As such, the petitioners are the only legal heirs of Perumal Gounder and Nachiyammal. Perumal Gounder went missing from 05.12.1969 and Nachiyammal passed away only on 14.08.2019 after an illness. Throughout her lifetime, she had taken all steps to ascertain the whereabouts of her husband by making the complaints to the police as well as to the Village Administrative Officer.

2.2.After the death of Nachiyammal, in order to look after the properties that have been left by Nachiyammal, the petitioners gave a representation to the Village Administrative Officer who had sent a report on 21.05.2020. They had also registered a complaint in Siruvallur Police Station and obtained a CSR No.54 of 2020 regarding the missing Perumal Gounder. This case was closed as non traceable and a report to this effect was given on 19.06.2020 by the police. The petitioners would submit that therefore, they are the only legal heirs of the said Perumal Gounder as well as his wife Nachiyammal as per Hindu Succession Act and it was the petitioners who were taking care of Nachiyammal during her lifetime. The petitioners would submit that they had tried to get legal heir certificate from the respondents but, they were instructed by the respondents to get a decree from the Civil Court.

2.3.Therefore, the petitioners had filed an O.S.No.123 of 2020 before the Hon’ble Principal District Munsif, Gobichettipalayam, for declaration of the civil death of the Perumal Gounder and issue legal heirs certificate in respect of Perumal Gounder declaring that the petitioners are the only second class legal heirs of the said Perumal Gounder and for a mandatory injunction directing the second respondent to issue a legal heirs certificate in favour of the petitioners in respect of Perumal Gounder who had gone missing from 05.12.1969. The District Collector, Erode and the Tahsildar, Nambiyur who is the second respondent herein were the defendants in the said suit.

2.4.After contest, the suit was decreed and the respondents were directed to issue legal heirs certificate. However, when the respondents was directed to comply with the judgment and decree of the Civil C