N.P.N.Elango vs The Dsitrict Collector
2022 Latest Caselaw 15252 Mad

                                                                            W.P(MD)No.11152 of 2013


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 13.09.2022

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.P(MD).No.11152 of 2013

                N.P.N.Elango,
                                                                                    : Petitioner

                                                       Vs

                1. The Dsitrict Collector,
                Kanyakumari District,
                Nagercoil

                2. The Tahsildar,
                Agastheeswaram Taluk,
                Kanyakumari District.
                                                                                : Respondents


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,

                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the

                records pertaining to the Orders in O.Mu.C3/4530/2013 dated 09/03/2013 on

                the file of the second respondent herein, quash the same and to direct the

                second respondent to issue legal heir certificate for the deceased

                N.Somasundaram (passed away on 09/12/2012) based on the earlier Legal



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                                                                                W.P(MD)No.11152 of 2013


                Heir Certificate issued for deceased N.Somasundarams father, namely

                Nesamani (passed away on 19/12/1999) and in pursuant to the petitioner's

                application dated Nil.



                                      For Petitioner    : Mr.A.Dennisan

                                      For Respondents : Mr.B.Saravanan

                                                          Additional Government Pleader

                                                       ORDER

The present writ petition has been filed challenging the order passed by

the second respondent, under which, the request of the petitioner for grant of

legal heir certificate for deceased Somasundaram was rejected on the ground

that there are no direct legal heirs. In other words, since there were no Class-I

legal heirs, the application was rejected by the second respondent under the

impugned order.

2.In view of the Full Bench Judgment of our High Court in W.P.No.

25247 of 2021, dated 17.06.2022 (P.Venkatachalam Vs. The Tahsildar,

Kumarapalayam Taluk), the second respondent is also entitled to issue legal

https://www.mhc.tn.gov.in/judis W.P(MD)No.11152 of 2013

heir certificate even in cases where there are only Class-II heirs.

3.Hence, the petitioner is directed to present a fresh application for

issuance of legal heir certificate to the second respondent herein. On filing of

such fresh application, it shall be considered by the second respondent on

merits and in accordance with law and based upon the Full Bench judgment

of this Court.

4.With the above observations, this Writ petition is allowed. No costs.

                                                                                  13.09.2022
                Index    : Yes / No
                Internet : Yes/ No
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                To
                1. The Dsitrict Collector,
                Kanyakumari District,
                Nagercoil

                2. The Tahsildar,
                Agastheeswaram Taluk,
                Kanyakumari District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.11152 of 2013

R.VIJAYAKUMAR, J.

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W.P(MD).No.11152 of 2013

13.09.2022

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