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2025 Supreme(Online)(Mad) 11948

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
MUTHULAKSHMI – Appellant
Versus
THE REVENUE TAHSILDAR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. MUTHULAKSHMI W/o. Rajendran, D.No. 1/104 Eripatti Pollachi Coimbatore District Petitioner(s)

Vs The Revenue Tahsildar Tahsildar Office, Anaimalai Pollachi Taluk, Coimbatore District Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records of the respondent dated 12.06.2025 in Ref.No. O.Mu.1399/ 2025/ E2 and quash the same and consequently, direct the respondent to issue 2nd class legal heir certificate to the petitioner as per her application and pass orders.

For Petitioner(s): B.Kumarasamy For Mr.R.Neelakandan Respondent(s): Additional Advocate General Assisted by Mr.T.M.Rajangam Government Advocate

ORDER

This writ petition has been filed challenging the impugned proceedings of the respondent dated 12.06.2025 and for a consequential direction to the respondent to issue class II legal heirship certificate to the petitioner pursuant to the demise of her sister Karupathal.

2. Heard Mr.B.Kumarasamy, learned counsel for the petitioner and Mr.R.Neelakandan, Additional Advocate General, Assisted by Mr.T.M.Rajangam, learned Government Advocate for respondent.

3. The case of the petitioner is that her sister Karupathal was married to one A.Nataraj. They had no issues. The husband of the said Karupathal is said to have deserted her and he died on 15.03.2024. The petitioner's sister Karupathal died on 04.04.2025 leaving behind only the petitioner as the legal heir. The petitioner submitted an application seeking for issuance of a class II legal heriship certificate. The same came to be rejected by the respondent on the ground that the husband of Karpathal was already married to another women and therefore, directed the petitioner to approach the competent Court. Aggrieved by the same, the present writ petition has been filed before this Court.

4. When the matter was taken up for hearing today, the learned Additional Advocate General produced the written instructions received from the respondent. On going through the same, it is seen that apart from the petitioner, there are other legal heirs, who are also the siblings of late Karupathal.

5. In the considered view of this Court, the petitioner is a class II legal heir in the absence of any other class I heir, left behind by the deceased Karupathal. Therefore, there shall be a direction to the respondent to conduct an enquiry and ascertain as to whether there are any other class II legal heirs. Ultimately, the legal heir certificate shall be issued strictly in accordance with GO Ms.No.110 dated 13.03.2024 and this process shall be compelted within a period of six weeks from the date of receipt of a copy of this order.

6. This writ petition is disposed of with the above directions.

No costs.

28-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To The Revenue Tahsildar Tahsildar Office, Anaimalai Pollachi Taluk, Coimbatore District N.ANAND VENKATESH J.

rka

28-07-2025

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