N.Rani vs The Tahsildar
2022 Latest Caselaw 16422 Mad

                                                                                        W.P.No.33584 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 14.10.2022

                                                             CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                        W.P.No.33584 of 2014

                     N.Rani                                                             ..Petitioner
                                                                Vs.
                     1.The Tahsildar,
                       Taluk Office,
                       Tiruvannamalai Town.

                     2.Nanda @ Navaneetham

                     [R2 impleaded as per order dated 20.01.2015
                      in M.P.No.1 of 2014]                                    ..Respondents
                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     seeking issuance of Writ of Certiorarified Mandamus, calling for the records
                     of     the   respondent       in    Proceedings   No.Na.Ka.A1/5594/2014           dated
                     28.03.2014 and to quash the same and further direct the respondent herein
                     to issue the legal heir certificate to the petitioner and her children viz.,
                     Nirmala, Saravanan and Karthikeyan.
                                  For Petitioner          : Mrs.S.Radha Gopalan
                                  For Respondents         : Mr.Vadivelu Deenadayalan,
                                                           Additional Government Pleader for R1
                                                            Mr.K.Venkatasubban
                                                            for M/s.Sarvabhauman Associates for R2

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.33584 of 2014

                                                         ORDER

The petitioner is aggrieved by the rejection of the request of grant

of legal heirship certificate recognizing her as the legal heir of her husband

Natarajan, who died on 24.02.2014.

2. The request of the petitioner has been rejected on the ground

that Natarajan has got two wives therefore the legal heirship certificate

cannot be issued.

3. Mrs.S.Radha Gopalan, learned counsel appearing for the

petitioner would vehemently contend that the civil Court has found that the

petitioner is the legally wedded wife and the objector viz., Nanda @

Navaneetham is not the legally wedded wife of the deceased Natarajan.

4. In view of the judgement of the Full Bench of this Court in

P.Venkatachalam Vs. The Tahsildar, Kumarapalayam Taluk dated

17.06.2022 in W.P.No.25247 of 2021 etc., batch, rejection or grant of legal

heirship certificate does not affect the rights of a person to succeed to ones

https://www.mhc.tn.gov.in/judis W.P.No.33584 of 2014

estate. It has been held that the legal heirship certificate issued by the

Tahsildar is only an evidence of relationship and it will neither confer rights

or take away subsisting rights.

5. In the case on hand, the petitioner has already been declared as

a legally wedded wife of Natarajan by the civil Court. Therefore, the

Authorities should act upon the production of the judgment of the civil Court

and not insist upon the wasteful exercise of obtaining the legal heirship

certificate.

6. Therefore, the writ petition is closed with an observation that

the rejection of the claim for legal heirship certificate will not affect the

rights of the petitioner which have been recognized by the civil Court and the

Authorities shall act on the production of the judgment of the civil Court

without insisting on the legal heirship certificate. No costs.

                                                                                           14.10.2022
                     dsa
                     Index    : Yes/No
                     Internet : Yes/No
                     Speaking order/Non-Speaking order




https://www.mhc.tn.gov.in/judis
                                                  W.P.No.33584 of 2014



                                            R.SUBRAMANIAN, J.

                                                                dsa


                     To

                     The Tahsildar,
                     Taluk Office,
                     Tiruvannamalai Town.




                                            W.P.No.33584 of 2014




                                                       14.10.2022





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