Madras High Court
Valsala vs The Superintendent Of Police on 8 March, 2022
W.P.(MD)No.4135 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.4135 of 2022
Valsala ... Petitioner
Vs.
1. The Superintendent of Police,
Kanyakumari District at Nagercoil.
2. The Tahsildar,
Kalkulam Taluk,
Thuckalay,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, direct the 2nd
respondent to issue legal heir certificate to the petitioner without
insisting death certificate of her husband namely Lazar by
considering her representation dated 25.01.2022.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4135 of 2022
For Petitioner : Mr.A.Balakrishna
for Mr.K.P.Narayanakumar
For Respondents : Mr. D.Sasikumar
Additional Government Pleader
ORDER
***********
This writ petition has been filed for a Mandamus seeking for
a direction to the second respondent to issue legal heir certificate
to the petitioner without insisting for the production of the death
certificate of her husband namely Lazer by considering her
representation dated 25.01.2022.
2.The case of the petitioner is that her husband is missing
from 22.03.2008 onwards. The petitioner has also given a
complaint to the police and an FIR has also been registered as man
missing. It is also the case of the petitioner that in H.C.P.(MD)No.
806 of 2009 by order dated 10.12.2009, passed by this Court, the
missing of the petitioner's husband has been recorded. Thereafter,
the petitioner has also filed a civil suit in O.S.No.244 of 2015 on the
file of the I Additional District Munsif Court, Nagercoil for a
declaration that her husband Lazer is presumed to be dead. By
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W.P.(MD)No.4135 of 2022
judgment and decree dated 01.11.2016 passed by the I Additional
District Munsif Court, Nagercoil, the suit was decreed as prayed
for by the petitioner. In such circumstances, the petitioner has
applied for legal heirship certificate by her application dated
25.01.2022 on the ground that her husband Lazer has been
declared dead by a Civil Court decree. However, it is the case of
the petitioner that the official respondents are insisting for the
issuance of death certificate for Lazer which is not possible. Since
the petitioner's application has not been considered till date, she
has filed this writ petition.
3.Heard Mr.A.Balakrishnan, for Mr.K.P.Narayanakumar,
learned Counsel for the writ petitioner and Mr.D.Sasikumar,
learned Additional Government Pleader who accepts notice on
behalf of the respondents.
4.The petitioner has filed the following in support of her
claim that the petitioner's application seeking for issuance of legal
heirship certificate for her husband Lazer has to be issued without
insisting upon the death certificate of her husband Lazer:
a) Order passed in H.C.P.(MD)No.806 of 2009 dated
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W.P.(MD)No.4135 of 2022
10.12.2009 by this Court.
b) Judgement and decree dated 01.11.2016 passed in O.S.No.
244 of 2015 by the I Additional District Munsif Court, Nagercoil.
c) Proceedings of the first respondent dated 03.11.2020,
26.12.2020, 05.02.2021, 01.03.2021 & 15.04.2021.
d) Representation given by the petitioner to the second
respondent on 22.04.2021.
e) Representation given by the petitioner to the Revenue
Divisional Officer, Padmanathapuram dated 20.05.2021.
f) Proceedings of the first respondent dated 09.06.2021.
g) Proceedings of the first respondent dated 20.09.2021.
h) Proceedings of the first respondent dated 25.10.2021
i) Family card.
5.As seen from the aforesaid documents / orders, it is clear
that ever since 2008, the petitioner's husband Lazer has been
found missing. The said fact is also recorded in the order dated
10.12.2009 passed by this Court in H.C.P.(MD)No.806 of 2009 and
the declaratory decree has also been issued in favour of the
petitioner declaring that the petitioner's husband Lazer is
presumed to be dead in O.S.No.244 of 2015 dated 01.11.2016 on
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W.P.(MD)No.4135 of 2022
the file of the I Additional District Munsif Court, Nagercoil.
Therefore, the respondents cannot insist upon the production of the
death certificate for the purpose of considering the petitioner's
application seeking for issuance of legal heirship certificate for her
husband Lazer.
6.For the foregoing reasons, this Court directs the second
respondent to consider the petitioner's application dated
25.01.2022 seeking for issuance of legal heirship certificate for her
husband Lazer without insisting upon the production of the death
certificate of Lazer and pass final orders on merits and in
accordance with law after affording a fair hearing to the petitioner
within a period of twelve [12] weeks from the date of receipt of a
copy of this order.
7.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
08.03.2022
Index : Yes / No
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4135 of 2022
Internet: Yes / No
MR
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
1. The Superintendent of Police,
Kanyakumari District at Nagercoil.
2. The Tahsildar,
Kalkulam Taluk,
Thuckalay,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4135 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.4135 of 2022
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4135 of 2022
08.03.2022
https://www.mhc.tn.gov.in/judis
