Madras High Court
V. Mala vs The Tahsildhar on 9 March, 2021
W.P. No.5726 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.5726 of 2021
and
WMP No.6339 of 2021
V. Mala ... Petitioner
Vs
1.The Tahsildhar,
Tondiarpet Taluk,
Tondiarpet,
Chennai - 600 081.
2. V. Mogahana ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Certiorarified Mandamus to call for the records
relating to the proceedings of the respondent made in No.A5/2866/2019,
dated 03.12.2019 and to quash the same and consequently, direct the
respondent to issue legal heirship certificate in favour of the petitioner based
on the application dated 08.02.2019 in the light of the decree and judgment
dated 25.09.2018 made in O.S. No.1507 of 2017 on the file of XIV
Assistant Judge, City Civil Court, Chennai.
1/7
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W.P. No.5726 of 2021
For petitioner ... Mr.C. Prabakaran
For respondents ... Mr.K.Parameshwaran
Government Advocate for R1
ORDER
Mr.K.Parameshwaran, learned Government Advocate accepts notice
for the 1st respondent.
2. By consent of both the parties, this writ petition is taken up for final
disposal at the time of admission itself.
3. This writ petition has been filed challenging the order dated
03.12.2019 passed by the first respondent rejecting the petitioner's
application seeking for issuance of Legal Heirship certificate for her husband
Veeraraghavan, who died on 08.08.2013 on the ground that Veeraraghavan
was having two wives.
4. According to the petitioner, she got married to Veeraraghavan on
05.07.1988. According to her, out of the wedlock they are having two
children viz., V. Maragathavalli and V.Shankar Ganesh. It is the case of the
petitioner that at the time of her marriage with Veeraraghavan, she was not
aware of his earlier marriage with Mogahana, the 2nd respondent herein.
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W.P. No.5726 of 2021
According to the petitioner out of the wedlock with Mogahana,
Veeraraghavan was having one son by name V.Harisubramani. It is also the
case of the petitioner that the whereabouts of Mogahana are not known for
several years. According to the petitioner, the only legal heirs of the
deceased Veeraraghavan are only the petitioner, her daughter V.
Maragathavalli, her son V.Shankar Ganesh and the son of the first wife of
Veeraraghavan by name V. Harisubramani. The petitioner has filed a suit in
O.S. No.1507 of 2017 on the file of the XIV Assistant Judge, City Civil
Court, Chennai for the relief of declaration that she, her children, who are
plaintiffs therein and V. Harisubramani, who is the second defendant therein
are the legal heirs of the deceased Veeraraghavan. By a compromise decree
dated 25.09.2018, the learned XIV Assistant Judge, City Civil Court,
Chennai declared that the petitioner, her two children and son of the first
wife of the deceased Veeraghavan are the legal heirs of the Veeraraghavan.
However according to the petitioner, arbitrarily and by total non application
of mind to the judgment and decree passed in O.S.No.1507 of 2017 by the
learned XIV Assistant Judge, City Civil Court, Chennai, the first respondent
has rejected the petitioner's application seeking for the issuance of Legal
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W.P. No.5726 of 2021
Heirship certificate only on the ground that the deceased Veeraraghavan is
having two wives. Aggrieved by the same, this writ petition has been filed.
5. Heard Mr.C.Prabakaran, learned counsel for the petitioner and
Mr.K.Parameshwaran, learned Government Advocate for the 1st respondent.
Since no adverse orders are passed against the 1st respondent, notice to 1st
respondent is dispensed with by this Court.
6. Admittedly, a compromise decree has been passed by the XIV
Assistant Judge, City Civil Court, Chennai in O.S. No.1507 of 2017
declaring that the petitioner as well as her two children V. Maragathavalli
and V.Shankar Ganesh as well as the son of the first wife (second
respondent herein) by name V. Harisubramani are the only Legal Heirs of
the deceased Veeraraghavan. However, as seen from the impugned order
dated 03.12.2019 rejecting the petitioner's application seeking for issuance
of Legal Heirship certificate for the deceased Veeraraghavan, the judgment
and decree referred to supra has not been considered. It is also the case of
the petitioner that the whereabouts of the second respondent, who is the first
wife of the deceased Veeraraghavan was not known for several years. All
the above mentioned factors have not been considered by the 1 st respondent
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W.P. No.5726 of 2021
while rejecting the petitioner's application seeking for issuance of Legal
Heirship certificate for the deceased Veeraghavan. There is also no
prohibition for the grant of Legal Heirship certificate by the 1st respondent
even in cases where the deceased has married more than one wife. It is for
the 1st respondent to consider each and every application submitted by any
applicant seeking for issuance of Legal Heirship certificate on merits.
Therefore, the 1st respondent ought not to have rejected the application on
that ground.
7. For the foregoing reasons this Court is of the considered view that
the impugned order has been passed by the 1st respondent by total non
application of mind to the judgment and decree dated 25.09.2018 passed by
the learned XIV Assistant Judge, City Civil Court, Chennai in O.S.
No.1507 of 2017 and has also not taken into consideration the contention of
the petitioner that the whereabouts of the second respondent, who is the
first wife of the deceased is also not known. Therefore, this Court is of the
considered view that the impugned order will have to be necessarily
quashed and the matter remanded back to the 1st respondent for fresh
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W.P. No.5726 of 2021
consideration after hearing all necessary parties including the second
respondent.
8. In the result, the impugned order dated 03.12.2019 passed by the
1st respondent is hereby quashed and the matter is remanded back to the
1st respondent for fresh consideration and the 1st respondent shall pass final
orders on the petitioner's application seeking for issuance of Legal Heirship
certificate for her husband Veeraghavan, who died on 08.08.2013 after
hearing all the necessary parties, including the second respondent, within a
period of twelve weeks from the date of receipt of a copy of this order.
9. With the aforesaid direction, this writ petition stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
09.03.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
vsi2
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W.P. No.5726 of 2021
ABDUL QUDDHOSE, J.
vsi2
To
The Tahsildhar,
Tondiarpet Taluk,
Tondiarpet,
Chennai - 600 081.
W.P. No.5726 of 2021
09.03.2021
http://www.judis.nic.in
