Madras High Court
Sudha Soundar Rajan vs The District Collector on 4 April, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.12056 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.12056 of 2025
Sudha Soundar Rajan ... Petitioner
Vs.
1.The District Collector
Chennai District
Chennai.
2.The Tahsildar
Mambalam Taluk Office
Chennai 600 017. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to
the second respondent by in his proceedings in
Che.Mu.Aanai.No.E1/467/2025, dated 13.03.205 to quash the same and
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
W.P.No.12056 of 2025
consequently, direct the second respondent herein to issue legal heir
certificate of deceased Mrs.Chinthamani in the light of W.P.No.7978 of 2025
dated 07.03.2025 and pass orders, within a reasonable time frame by this
Court.
For Petitioner : Mr.P.Murali
For Respondents : Mr.R.Neelakandan
Additional Advocate General-VIII
Assisted by
Mr.S.Balamurugan
Government Advocate
ORDER
This Writ Petition is filed challenging the impugned order dated
13.03.2025. By the said order, the application that is made by the petitioner
for issuance of legal heirship certificate by showing as one of the legal heir of
one Chinthamani is rejected by the respondents.
2. Upon hearing the learned counsel for the petitioner and the
learned Additional Advocate General appearing on behalf of the respondents
and perusing the affidavit filed in support of the Writ Petition and the other
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
material records of the case, it can be seen that one Chinthamani died on
21.03.2017. Her husband predeceased her on 24.12.1992 the couple did not
have any children. The parents of Chinthamani had also predeceased her.
This petitioner is the daughter of one Rangamani who is the sister of
Chinthamani. Rangamani also predeceased her having died on 24.02.1997.
3. In view thereof, as per Section 15 (d) of the Hindu Succession
Act, 1956, tracing the relationship through the father of the deceased person
the petitioner can claim to be the legal heir as there is no other heir in the
preceding hierarchy. Therefore, the petitioner has made the application and
the same is now rejected by the respondents. The impugned order states that
since the father and the parents have also since died and they also died in
without any issues legal heirship certificate could not be issued. But on a
reading of the Full Bench judgment in the case of P.Venkatachalam and Ors.
Vs. The Tahsildar, Kumarapalayam Taluk and Ors in W.P.No.25247 of
2021 of this Court and the concerned Government orders, it can be seen at
least the name of the mother of the petitioner can be mentioned in the legal
heirship certificate as the pre-deceased heir and the certificate can be issued.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
Even otherwise, if the petitioner is the only Class-II legal heir which can be
traceable as per Section 15 of the Hindu Succession Act, the petitioner name
can also be mentioned.
4. In view thereof, this Writ Petition is ordered on the following
terms;
(i) The impugned order dated 13.03.2025 shall
stand set aside. The matter is remitted back to the file of the
second respondent, the second respondent shall consider the
request and pass orders, mentioning the relationship as
mentioned in the Government order at least by including the
name of Rangamani as pre-deceased sister of the said
Chinthamani which can be utilised by the petitioner to claim
legal heirship. With the aforesaid, the said exercise shall be
completed within a period of 8 weeks from the date of receipt of
the web copy of the order, without waiting for the certified copy
of the order.
(ii) No costs.
04.04.2025
Neutral Citation : No
dna
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
To
1.The District Collector
Chennai District
Chennai.
2.The Tahsildar
Mambalam Taluk Office
Chennai 600 017.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
D.BHARATHA CHAKRAVARTHY, J.
dna
04.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:26 pm )
