Madras High Court
C.Uma vs The Tahsildar on 6 December, 2021
W.P(MD)No.21489 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.21489 of 2021
and
W.M.P(MD).No.18052 of 2021
C.Uma ... Petitioner
Vs.
The Tahsildar,
Tahsildar Office,
Palayamkottai,
Tirunelveli District. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order passed by the respondent in
TN-7202108171842, dated 17.08.2021 and quash the same and further
directing the respondent to issue Legal Heir Certificate to the petitioner.
For Petitioner : Mr.G.M.Xavier
For Respondent : Mr.N.Satheesh Kumar,
Additional Government Pleader.
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.21489 of 2021
ORDER
The petitioner sought legal heirship certificate with respect to her
late husband, Sivaraja, who died on 02.07.2021. The respondent / the
Tahsildar, Palayamkottai in Tirunelveli District appears to have rejected the
grant of legal heirship certificate.
2. The brief note of the respondent indicates that the respondent
had stated that the late husband / Sivaraja has two wives, therefore, declined to
grant legal heirship certificate. However, it is pointed out by the petitioner that
as between her husband, Sivaraja and his first wife, Lurthu Madha @ Lurthu,
H.M.O.P.No.42 of 1990 was filed before the Sub-Court, Tenkasi and by
judgment dated 03.05.1990, the said marriage had been dissolved in manner
known to law. In view of that particular fact, the learned counsel for the
petitioner stated that it would be highly unreasonable on the part of the
respondent to reject the legal heirship certificate.
3. The matter is remitted back to the Tahsildar to give further
opportunity to the petitioner and the petitioner may give once again a copy of
the order granting Divorce between Sivaraja and Lurthu Madha @ Lurthu and
thereafter, on examining such Court Judgment and on coming to personal
satisfaction, the Tahsildar may proceed to issue legal heirship certificate
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21489 of 2021
including the name of the petitioner and the names of all children of Sivaraja,
both through Lurthu Madha @ Lurthu and also the petitioner herein. Such
exercise may be completed within a period of twelve (12) weeks from the date
of receipt of a copy of this order.
4. With the above observations, this Writ Petition is allowed.
There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
06.12.2021
Index : Yes / No
Internet : Yes/ No
Lm/Nsr
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.
To
The Tahsildar,
Tahsildar Office,
Palayamkottai,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21489 of 2021
C.V.KARTHIKEYAN,J.
Lm/Nsr
W.P(MD)No.21489 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
