L.R.Shanthi vs The Tahsildar
2022 Latest Caselaw 14282 Mad

                                                                                W.P.No.5859 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10.08.2022

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                    W.P.No.5859 of 2022



                     L.R.Shanthi                                                     ...petitioner



                                                            Vs.


                     The Tahsildar,
                     Ponneri Taluk,
                     Tiruvallur District.                                          ...respondent

                     Prayer:- This Writ Petition is filed under Article 226 of the Constitution
                     of India, seeking for a Writ of Certiorarified Mandamus calling for the
                     impugned order passed by the respondent herein in his proceeding
                     Na.Ka.No.4596/2021/A6, dated 07.02.2022 and quash the same and
                     consequently direct the respondent to issue legal heirship certificate to
                     the petitioner.

                                   For Petitioner         : Mr.K.Raja

                                   For Respondent         : Mr.T.Seenivasan
                                                            Special Government Pleader


https://www.mhc.tn.gov.in/judis
                     1/5
                                                                                  W.P.No.5859 of 2022



                                                        ORDER

This Writ Petition has been filed challenging the impugned

order dated 07.02.2022 rejecting the petitioner's application seeking for

issuance of legal heirship certificate for her deceased husband

Mr.B.Ramesh, who died on 18.05.2021.

2. The application submitted by the petitioner has been rejected

on the ground that B.Ramesh is having more than one wife. The

petitioner filed documents along with this Writ Petition to show that the

first wife of the deceased Vijayalakshmi died on 19.10.1999 as seen from

her death certificate. Insofar as the second wife is concerned, the said

marriage got dissolved as seen from the judgment and decree passed in

HMOP.No.17/2005 dated 07.11.2008.

3. The petitioner contends that she married Mr.B.Ramesh on

10.12.2011 and marriage certificate is also filed as a document. Since the

petitioner has married B.Ramesh only after the death of his first wife and

after dissolution of marriage with the second wife, she claims that she is

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W.P.No.5859 of 2022

entitled for the legal heirship certificate for her deceased husband

B.Ramesh.

4. However, as seen from the impugned order, the documents

that have been produced by the petitioner before this Court as stated

supra have not been considered. But by a non-speaking order, the

petitioner's application has been rejected on the ground that the deceased

B.Ramesh is having more than one wife. Being a non-speaking order and

an order passed by violation of principles of natural justice, the

impugned order passed by the respondent has to be quashed and the

matter be remanded back for fresh consideration on merits and in

accordance with law after affording a fair hearing to the petitioner.

5. For the foregoing reasons, the impugned order dated

07.02.2022 is hereby quashed and remanded back to the petitioner for

fresh consideration on merits and in accordance with law after affording

a fair hearing to the petitioner including granting her the right of personal

hearing. The respondent is directed to pass final orders within a period of

eight weeks from the date of receipt of a copy of this order.

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W.P.No.5859 of 2022

6. With the above said directions, the Writ Petition is disposed

of. No costs.

                                                                                       10.08.2022

                     Index           : Yes/No
                     Speaking order : Yes/No
                     pvs



                     To
                     The Tahsildar,
                     Ponneri Taluk,
                     Tiruvallur District.




https://www.mhc.tn.gov.in/judis

                                          W.P.No.5859 of 2022

                                  ABDUL QUDDHOSE, J.

                                                        pvs




                                     W.P.No.5859 of 2022




                                               10.08.2022




https://www.mhc.tn.gov.in/judis