Madras High Court
Alagammal @ Alagammai vs The District Collector on 31 August, 2021
W.P(MD)No.15401 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.15401 of 2021
Alagammal @ Alagammai ... Petitioner
Vs.
1.The District Collector,
Thanjavur,
Thanjavur District.
2.The Tahsildar,
Pattukkottai Taluk,
Thanjavur District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the second
respondent to issue Legal Heir Certificate based on the petitioner's
application, dated 05.03.2020.
For Petitioner : Mr.NA.Palaniyandi
For Respondents : Mr.P.Subbaraj
Counsel for State.
https://www.mhc.tn.gov.in/judis/
1/6
W.P(MD)No.15401 of 2021
ORDER
The petitioner seeks a direction to the second respondent to
issue a legal heirship certificate in respect of her late husband
Mathimanickam.
2.The petitioner states that she married the late Mathimanickam
on 03.02.2001. According to the petitioner, the earlier marriage of her late
husband to one Govindammal Selvi was dissolved by a divorce in
accordance with local customs. The petitioner relies upon the judgment and
decree in O.S.No.60 of 2013 by which she was declared as the sole legal heir
of her late husband after contest. The petitioner points out that the first wife
and the sisters of her late husband were joined as parties to the aforesaid
suit. Such suit was carried in appeal by the petitioner's sisters-in-law and the
appeal was also rejected by judgment and decree dated 16.09.2019. After
submitting representations dated 05.03.2020 and 05.11.2020 for the grant of
a legal heirship certificate, the present writ petition is filed.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15401 of 2021
3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of both the respondents. He submits that he has received instructions
to the effect that a second appeal was filed but the same is still at the SR
stage. Consequently, he submits that the petitioner's representation may be
decided after putting the rival claimants on notice.
4.The petitioner has enclosed the death certificate of her late
husband, the judgment and decree in O.S.No.60 of 2013 and the judgment
and decree in A.S.No.1 of 2017. As such, she has made out a case for the
consideration of her representation. At the same time, it is necessary that
the other parties to the civil litigation be put on notice so as to ascertain
whether a second appeal was filed and, if so, whether any orders have been
passed therein.
5.Accordingly, without going into the merits of the matter, the
second respondent herein is directed to consider the petitioner's
representation dated 05.11.2020 and pass a reasoned order thereon within a
period of three (3) months from the date of receipt of a copy of this order
after providing a reasonable opportunity to the petitioner, Mrs.Govindammal
Selvi, Mrs.Sinthamani and Mrs.Chinnapottu.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15401 of 2021
6.W.P.(MD).No.15401 of 2021 is disposed of on these terms
without any order as to costs.
31.08.2021
Index : Yes / No
Internet : Yes/ No
rm
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15401 of 2021
To
1.The District Collector,
Thanjavur,
Thanjavur District.
2.The Tahsildar,
Pattukkottai Taluk,
Thanjavur District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15401 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
rm
W.P(MD)No.15401 of 2021
31.08.2021
https://www.mhc.tn.gov.in/judis/
