Madras High Court
Mohanasundari @ Mohanapriya vs The District Collector on 19 February, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.5739 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.5739 of 2025
MOHANASUNDARI @ MOHANAPRIYA ... Petitioner
Vs
1. THE DISTRICT COLLECTOR
CHENNAI DISTRICT,
SINGARAVELAR MALIGAI,
RAJAJI SALAI, CHENNAI - 600 001.
2. THE THASILDAR
AMINJIKARAI TALUK,
GAJALAKSHMI COLONY,
1ST STREET, SENOY NAGAR,
CHENNAI - 600 030. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, to direct the second respondent to issue legal
heir certificate on petitioner's representation dated 24.01.2025.
For Petitioner : Ms.R.Anu Priyanga
For R1 & R2 : Mr.R.Neelakandan
Additional Advocate General
Assisted by Mr.R.Murthi
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.5739 of 2025
ORDER
The writ petition has been filed with a prayer for a writ of mandamus
directing the second respondent to issue a legal heirship certificate based on
the petitioner’s representation dated 24.01.2025.
2. The case of the petitioner is that her husband, Mr. T. Senthil Kumar,
was working as a Sub Inspector of Police under the Government of Tamil
Nadu. Unfortunately, he passed away in a train accident on 01.11.2024.
Afterward, when the petitioner approached the authorities for the grant of a
legal heir certificate, including her name as a legal heir, the authorities have
not complied with the request. The authorities are stating that there is already
a divorce decree working against the petitioner and therefore, are not granting
the legal heirship certificate.
3. According to the learned counsel for the petitioner, it is true that,
originally, due to marital discord, Mr. T. Senthil Kumar, the petitioner’s
husband, had filed O.P. No. 1361 of 2013 before the First Additional
https://www.mhc.tn.gov.in/judis
Principal Family Court, Chennai. An ex-parte decree was passed.
Subsequently, the petitioner filed I.A. No. 306 of 2015 to set aside the ex-
parte decree. However, when the matter came up for hearing on 20.11.2017,
Mr.T.Senthil Kumar was absent and the petitioner was present in Court.
Instead of setting aside the ex-parte decree and allowing the I.A., an
erroneous order was passed, showing Mr.T.Senthil Kumar as the petitioner in
the I.A. and dismissing the petition for default. As a matter of fact, the
petitioner has been approaching the concerned court to rectify this error.
4. The fact that the Original Petition No. 886 of 2019 for restitution of
conjugal rights was allowed by the Third Additional Principal Judge and the
subsequent maintenance petition filed in M.C. No. 365 of 2014 was also
allowed on 01.02.2020, would itself demonstrate that a relationship of
husband and wife existed between the petitioner and the deceased Mr.T.
Senthil Kumar. Therefore, the petitioner submits that, notwithstanding the
divorce decree, the authorities should include the petitioner’s name in the
legal heirship certificate.
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5. I have considered the rival submissions made on either side and also
perused the material records of the case.
6. The matter concerning marital status, if there is a declaration by the
competent Court, is deemed to be a judgment in rem and will be binding on
all authorities. Therefore, even if an error was committed while passing an
order on the interlocutory application, it is for the petitioner to make the
necessary application before the concerned Court to correct the error. Unless
the decree is formally set aside by the concerned Court, the declaration
already granted in O.P. No. 1361 of 2013 will be binding on all parties.
Hence, it is for the petitioner to file such an application before the concerned
Court to get the matter clarified. Until the matter is clarified by the
appropriate Court, this Court cannot, at this juncture, direct the respondents to
include the petitioner’s name in the legal heirship certificate.
7. In view thereof, this writ petition is disposed of. No costs.
19.02.2025
Neutral Citation: Yes/No
nsl
https://www.mhc.tn.gov.in/judis
To
1. THE DISTRICT COLLECTOR
CHENNAI DISTRICT,
SINGARAVELAR MALIGAI,
RAJAJI SALAI, CHENNAI - 600 001.
2. THE THASILDAR
AMINJIKARAI TALUK,
GAJALAKSHMI COLONY,
1ST STREET, SENOY NAGAR,
CHENNAI - 600 030.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY, J.
nsl
19.02.2025
https://www.mhc.tn.gov.in/judis
