Madras High Court
Mylathal vs The Revenue Divisional Officer on 15 September, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 34569 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-09-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 34569 of 2025
MYLATHAL
Petitioner(s)
Vs
1. The Revenue Divisional Officer
O/o. The Revenue Divisional Office,
Pollachi Dharapuram Main Road,
Dharapuram, Tiruppur District.
2.The Tahsildar
Kangeyam Taluk Office, Kangeyam
Circle, Tiruppur District.
3.DURAISAMY
Respondents
PRAYER
The Writ Petition is filed under Article 226 of Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the records in
connection with impugned order bearing Na.Ka.No.483/2025/E dated
21.05.2025 passed by the 1st respondent confirming the order in
Na.Ka.No.3037/2024/A4 dated 02.12.2024 passed by the 2nd Respondent
and quash the same and consequently direct the Respondents 1 and 2 to
issue legal heir certificate to petitioner.
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WP No. 34569 of 2025
For Petitioner: Mr.R.Sankarasubbu
For Respondents: Mrs.S.Anitha for R1 and R2
Special Government Pleader
ORDER
This petition is filed to call for the records in connection with impugned
order bearing Na.Ka.No.483/2025/E dated 21.05.2025 passed by the 1st
respondent confirming the order in Na.Ka.No.3037/2024/A4 dated 02.12.2024
passed by the 2nd Respondent and quash the same and consequently direct
the Respondents 1 and 2 to issue legal heir certificate to petitioner.
2. The case of the petitioner is that the petitioner is the wife of one
Thirumurthy and the petitioner's husband died on 10.04.2014. The petitioner
made a representation along with relevant documents through online on
nd
17.10.2024 to the 2 respondent for issuance of legal heir certificate and the
same was rejected on 02.12.2024, challenging the same, the petitioner
st
preferred an appeal before the 1 respondent and the same was also rejected
on 21.05.2025. Aggrieved by the same, the petitioner preferred the present
Writ Petition.
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3. Learned counsel appearing for the petitioner submits that the present
impugned order has been passed merely relying on the order passed by the
Courts in the earlier suit in O.S. No.196/1986 on the file of the learned District
Munsif, Kangeyam, which has been confirmed in appeal as well as in second
appeal by this Court. However, a fresh suit has been filed by the petitioner on
26.8.2025 in CFR No.2329/2025 before the learned District Munsif, Kangeyam
to declare the judgment and decree dated 7.10.1987 passed in O.S.
No.196/1986 as null and void, but the said suit was returned on the ground of
limitation on 26.8.2025. It is the stand of the learned counsel that the decree
in the earlier suit is not binding on the petitioner herein as it had been filed by
persons, who are not empowered to act on behalf of the husband of the
petitioner. However, without appreciating the aforesaid fact, the suit filed by
the petitioner has been returned on the ground of limitation and, therefore, it is
pleaded that the court below may be directed to take the suit on file and
decide the same on merits.
4. Learned Special Government Pleader appearing for respondents has
no quarrel as the respondents are in no way connected with the suit and it is
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for the petitioner herein to establish her status as wife before the appropriate
civil court.
5. In view of the stand taken by the learned counsel appearing on either
side, this Court, without interfering with the order impugned herein, permits the
petitioner to represent the suit, which was filed in CFR No.2329/2025 before
the learned District Munsif Court, Kangeyam, along with all relevant
documents to establish that the petitioner is the legally wedded wife of
Thirumoorthy and on the suit being represented along with the aforesaid
documents, the court below shall number the suit, if it is otherwise in order
without raising the issue of limitation and decide the suit in accordance with
law.
Accordingly, the present Writ Petition is disposed of. No costs.
15-09-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ssd
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To
1.The Revenue Divisional Officer
O/o. The Revenue Divisional Office,
Pollachi Dharapuram Main Road,
Dharapuram, Tiruppur District.
2.The Tahsildar
Kangeyam Taluk Office, Kangeyam
Circle, Tiruppur District.
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M.DHANDAPANI J.
ssd
15-09-2025
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