[Cites 1, Cited by 0]
Madras High Court
Mariammal vs The District Collector on 20 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
WP(MD). No.36295 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
WP(MD). No.36295 of 2025
Mariammal ... Petitioner
Vs
1. The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli..
2. The District Revenue Officer,
Tirunelveli District,
Tirunelveli..
3. The Tahsildar,
Tirunelveli Taluk,
Tirunelveli District..
4. Kandasamy ... Respondents
(R4 is Impleaded Vide Court Order
Dated 30.01.2026 in WMP(MD)No1217 of 2026)
PRAYER :-
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for
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WP(MD). No.36295 of 2025
the records relating to the impugned order passed by the 3rd respondent
vide Application No. TN-7202507182370, dated 18.07.2025 and quash
the same as illegal and consequently, direct the respondent to issue legal
heir certificate in favour of the petitioner as legal heirs of Late Mallika,
within a time frame that may be fixed by this Court.
For Petitioner : Mr.S.Kasirajan,
For Respondents : Mrs.D.Farjana Ghoushia,
Spl.Govt. Pleader for R1 to R3
ORDER
This Writ Petition has been filed seeking to quash the order
passed by the third respondent herein wherein the request of the
petitioner for issuance of legal heir certificate for the death of her sister
has been rejected.
2. One Mallika, who is the sister of the petitioner had passed
away on 18.07.2025. According to the learned counsel appearing for the
petitioner, Mallika got separated from the 4th respondent way back in the
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year 1978 and thereafter, the deceased Mallika was residing only with the
petitioner. In such circumstances, since the petitioner is a Class II legal
heir, a legal heir certificate may be issued to her.
3. The learned counsel appearing for the third respondent
pointed out that as long as Mallika's husband viz., the 4th respondent is
alive, the question of issuing legal heir certificate in favour of the
petitioner would not arise.
4. Heard both side and perused the materials available on
record.
5. In this case, whether the 4th respondent has got separated
from the deceased Mallika and got remarried has to be decided only by
the competent civil Court. As along as the husband of 4 th respondent is
alive, the question of issuing legal heir certificate to the Class II legal
heir viz., the Writ Petitioner does not arise.
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6. Reserving the right of the Writ Petitioner to approach the
competent civil Court, this Writ Petition stands disposed of. There shall
be no order as to costs.
20.02.2026
Index : Yes/No
NCC : Yes/No
VSM
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TO
1. The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli..
2. The District Revenue Officer,
Tirunelveli District,
Tirunelveli..
3. The Tahsildar,
Tirunelveli Taluk,
Tirunelveli District..
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R.VIJAYAKUMAR, J.
VSM
Date : 20.02.2026
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