Madras High Court
M.Smyrna vs The Tahsildhar on 4 June, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.17835 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
W.P.No. 17835 of 2025
M.Smyrna ... Petitioner
Vs.
1.The Tahsildhar,
Ambattur Taluk,
Chennai - 600 053.
2.C.Saraswathy ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining to the order passed by the 1st respondent in
Na.Ka.No.A2/4690/2024 dated 06.02.2025, and to quash the same and
consequently direct the 1st respondent to issue the legal heir certificate for
the deceased mother of the petitioner, Mrs.Metilda, died on 28.12.2018, by
specifying the name of the petitioner as "Smyrna, daughter of Mrs.Metilda"
without insisting the name of the father for the purpose of records.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
W.P.No.17835 of 2025
For Petitioner : Mr.P.G.Thiyagu
For Respondents : Mr.R.Neelakandan
Additional Advocate General assisted by
Mr.K.Suresh
Government Advocate for R1
ORDER
This writ petition has been filed challenging the impugned
proceedings of the 1st respondent dated 06.02.2025 and for a consequential
direction to the 1st respondent to issue legal heirship certificate for the
deceased mother of the petitioner by showing the petitioner as her legal heir.
2. Heard Mr.P.G.Thiyagu, learned counsel appearing on behalf of the
petitioner and M.R.Neelakandan, learned Additional Advocate General
assisted by Mr.K.Suresh, learned Government Advocate appearing for the
1st respondent.
3. The petitioner was born to late Mrs.Metilda, wife of
S.Chandrasekaran. The said Metilda had initially married one George
Dheenathayalan. This marriage failed and ended in divorce before the
Family Court, Chennai in O.P.No.893 of 1991 by judgment dated
04.11.1991. Thereafter, the said Metilda married S.Chandrasekaran and out
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
of this wedlock, the petitioner born on 09.08.1993. At the time of her birth,
the petitioner was named as "Saranya". Unfortunately, father abandoned the
family and was not heard of, the mother brought up the petitioner and in the
course of time, the name of the petitioner was changed as "Smyrna", after
following the appropriate procedure and publishing the same in the
Government Gazette dated 15.02.2006. Probably, better sense prevailed and
the said Chandrasekaran re-joined the family later in the year 2020. The
mother of the petitioner died on 24.10.2023.
4. After the demise of the mother, the petitioner applied for legal
heirship certificate before the 1st respondent. The petitioner was called for
an enquiry and she attended the same along with her sisters, who were born
to Metilda through the 1st husband. Inspite of giving the explanation, the
impugned proceedings came to be issued by the 1st respondent dated
06.02.2025, refusing to issue legal heirship certificate on the ground that
there is a discrepancy in the name of the husband of Metilda and that part,
objections were raised by the 2nd respondent who happens to be the
daughter of the same person, Chandrasekaran through the 2nd marriage.
Aggrieved by the same, the present writ petition has been filed before this
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
Court.
5. The case in hand is quite unfortunate, since the petitioner is now
caught in cross fire. There are material documents available to show that
Metilda is the wife of Chandrasekaran and the same is borne out by the
medical record of the petitioner's mother issued by the Medical Officer of
Ayanavaram Sterilisation Theatre Unit, Corporation of Madras. That apart,
in the original birth certificate that was issued when the petitioner's name
was Saranya, there is mention of the name of Metilda, wife of
Chandrasekaran. The change of name of the petitioner as Smyrna is also
borne out by the Government gazette dated 15.02.2006. Unfortunately, the
death certificate that was issued to Metilda carried the name of the husband
as George Dheenathayalan, who was the 1st husband and with whom the
marriage was dissolved by a judgment passed by the Family Court in
O.P.No.893 of 1991.
6. The petitioner only wants legal heirship certificate of the mother
and the records shows that the petitioner is the daughter of late P.Metilda.
The petitioner had informed the authorities that there are sisters born to the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
1st husband and their names can also be added in the legal heirship
certificate. The 2nd respondent cannot have any objections, if the petitioner
is receiving legal heirship of her mother.
7. In the light of the above discussion, the impugned proceedings of
the 1st respondent dated 06.02.2025 is hereby quashed and there shall be a
direction to the 1st respondent to issue legal heirship certificate in the name
of the deceased mother of the petitioner "Metilda" by mentioning the name
of the petitioner as "Smyrna" and also include the name of the daughters
who were born to Metilda through the 1st marriage. This process shall be
completed by the 1st respondent within a period of six(6) weeks from the
date of receipt of copy of this order.
8.This writ petition is allowed with the above directions. No costs.
04.06.2025
kkn
Internet : Yes/No
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
N.ANAND VENKATESH, J.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
KKN
To:
1.The Tahsildhar,
Ambattur Taluk,
Chennai - 600 053.
04.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
