Josephine Maria Yogamalar vs The Tahsildar
2023 Latest Caselaw 1774 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 02.03.2023

                                                         CORAM

                                   THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

                                                  W.P.No.6191 of 2023
                                               and W.M.P.No.6194 of 2023

                     Josephine Maria Yogamalar                                .. Petitioner

                                                          Vs.

                     The Tahsildar,
                     Perambur Taluk Office,
                     Perambur,
                     Chennai – 600 011.                                       .. Respondent

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus to call for the records of
                     the respondent's order of the rejection dated 09.12.2022 of the legal heir
                     application bearing application No.TN.7202211241315, dated 24.11.2022
                     submitted through “E seva” online and quash the same as illegal and
                     arbitrary and consequently direct the respondent to issue the legal heir
                     certificate of petitioner's deceased brother J.John Kingslin within a time
                     frame.

                                    For Petitioner       .. Mr.P.Gunaraj

                                    For Respondent       .. Mr.S.J.Mohammed Sathik
                                                            Government Advocate


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

The writ petition has been filed questioning the order of the

respondent/the Tahsildar, Perambur, Chennai, whereby, an application

seeking legal heirship by the petitioner herein was returned primarily on the

ground that the deceased was a divorcee and therefore, the petitioner cannot

be recognised as a Clsss – II legalheir.

2. The learned Government Advocate drew attention to an order of

this Court dated 23.02.2023 in W.P.No.25247 of 2021 batch etc., in the case

of P.Venkatachalam versus the Tahsildar, Kumarapalayam Taluk, Namakkal

District. Following the judgment of the Full Bench, this Court had finally

issued an order as follows;

“ 8. All these writ petitioners have already applied for legal heirship certificates before the jurisdictional Tahsildar. The following directions are therefore given:

i) Each individual jurisdictional Tahsildar may revive the application already submitted by the applicant herein;

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ii) If any order had already been passed by the jurisdictional Tahsildar, the said order is set aside and individual Tahsildars are directed to re- examine the entire issue afresh in the light of the G.O.Ms.No.478 dated 22.11.2022 aforementioned.

iii) If the Tahsildar is satisfied, then he/she proceed to grant legal heirship certificate to the individual applicants.

iv) If the Tahsildar entertains any doubt, he/she should not reject the grant of legal heirship certificate but rather must issue notice to the applicant and seek clarification and then pass an order, either way, with reasons.

9. Since these applications before the Tahsildar are pending for a considerable period of time, it would only be appropriate that the individual jurisdictional Tahsildars endeavour to dispose of these applications on or before 31.03.2023 by following due process as stated above.”

3. The same directions ennures to the petitioner also. The order now

impugned in the present writ petition is interfered with and set aide. The

matter is remitted back to Tahsildar, Perambur, Chennai, for fresh

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consideration and to pass orders with reasons. The Tahsildar may follow the

guidelines given in G.O.(MS).No.478 dated 22.11.2022.

4. The writ petition stands disposed of. No costs. Consequently,

connected miscellaneous petition is closed.

02.03.2023 Index:Yes/No ata

To

The Tahsildar, Perambur Taluk Office, Perambur, Chennai – 600 011.

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

C.V.KARTHIKEYAN,J.

ata

W.P.No.6191 of 2023

02.03.2023

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