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2026 Supreme(Online)(Mad) 19509
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
Paappaayee – Appellant
Versus
The District Collector, The Revenue Divisional Officer, The Tahsildar – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.J.Sathiaraj
For the Respondents: Mr.P.Subbaraj Special Government Pleader
The court emphasizes the necessity for the issuance of a legal heir certificate in cases of missing persons presumed dead.
Headnote:The petition seeks a Writ of Mandamus under Article 226 of the Constitution to direct the issuance of a legal heirs certificate. The petitioner claims his brother has been missing for seven years and is presumed dead, requiring the certificate for family property partition. The court ordered the third respondent to consider the petitioner's representation within twelve weeks.
| Table of Content |
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| 1. legal heir certificate for presumed dead. (Para 1 , 2) |
| 2. representation submission acknowledged. (Para 3) |
| 3. court directive to consider representation. (Para 5) |
O R D E R
This Writ Petition has been filed seeking a direction to the third respondent to conduct an enquiry and issue a legal heir certificate in respect of the petitioner’s brother, namely Murugesan, by considering the petitioner’s representation dated 22.01.2025.
2. The petitioner states that his brother, Murugesan, has been missing and his whereabouts have not been known for the past seven years. Therefore, he is presumed to be dead in the eyes of law. After the death of the petitioner’s father, steps were taken to partition the family properties. For that purpose, a legal heir certificate in respect of the petitioner’s missing brother is required. In this regard, the petitioner submitted a representation dated 22.01.2025. Since the said representation has not been considered, the petitioner has approached this Court.
3. The learned Special Government Pleader appearing for the respondents submitted that the representation submitted by the petitioner would be considered in accordance with law.
4. The said submission is placed on record.
5. Considering the limited relief sought in this writ petition, the third respondent is directed to consider the petitioner’s representation dated 22.01.2025 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. No costs.
