Citation : 2026 Latest Caselaw 1013 Mad
Judgement Date : 9 March, 2026
WP No. 9020 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 9020 of 2026 Bakkiyameri ..Petitioner(s) Vs
1. The District collector office of the District collector, Thanjavur District.
2. the Revenue Divisional officer Kumbakonam Thanjavur District.
3. The Thasildhar Kumbakonam Thanjavur District.
4. Arul S/o.Palanivel B-60, Arul Jerusalem Nagar, Puthiya Madana Gopalapuram, Perambalur
..Respondent(s)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 3rd respondent to issue a legal heirs certificate in respect of late Palanivel by including the names of all his legal heirs.
For Petitioner(s): Mr.R.Rajasekar
For Respondent(s): Mr.S.Balamurugan, Government Advocate for R1 to R3
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Order
The petitioner has filed the writ petition to direct the 3rd respondent to
issue a legal heirs certificate in respect of late Palanivel by including the names
of all his legal heirs.
2. Case of the petitioner is that she got married and reside at Perambalur
District. She and the 4th respondent are the son and daughter of Palanivel and
Selvi. Their mother died and after her demise, their father Palanivel contracted a
second marriage. Out of the said wedlock, two children namely Sabeena and
James were born. Thereafter, the said Palanivel also died on 25.07.2008, leaving
behind the petitioner, 4th respondent, and his children through the second
marriage namely Sabeena and James. While so, the 4 th respondent by
suppressing all the legal heirs, obtained a legal heir certificate mentioning only
his name as the sole legal heir of the deceased father Palanivel. The petitioner
made several representations and complaints before competent authorities.
Since the said representations were not considered, she filed W.P.No.7609 of
2024, whereby a direction was issued to consider her complaints. Pursuant to
the direction of this Court, the 2nd respondent conducted an enquiry, and
cancelled the legal heir certificate issued in favour of the 4 th respondent. Despite
the cancellation of the fraudulent legal heir certificate, the 3 rd respondent has not
issued a fresh legal heir certificate by including the names of all the legal heirs
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of late Palanivel. Hence the petitioner is constrained to approach this Court by
filing this writ petition.
3. Learned counsel appearing for the petitioner submitted that taking
advantage of the cancelled legal heir certificate, the 4 th respondent has created
false title documents in respect of their deceased father’s property. In order to
protect her legal rights, it is absolutely necessary for the petitioner to obtain a
legal heir certificate and hence prays for appropriate orders.
4. Learned Government Advocate who takes notice for the respondents 1
to 3 submitted that the legal heir certificate will be issued after due verification
and upon satisfaction of all the required formalities in accordance with law.
5. Heard both sides and also perused the materials available on record.
6. Considering the fact that earlier the 2 nd respondent conducted enquiry
and cancelled the legal heir certificate in favour of the 4 th respondent, however
failed to issue the said certificate to the legal heirs of the said Palanivel, the 3 rd
respondent is directed to issue legal heir certificate in respect of late Palanivel
by including the names of all this legal heirs, after due verification and upon
satisfaction of all the required formalities in accordance with law and file a
report before this Court on 16.03.2026.
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Post the matter on 16.03.2026 ‘’for reporting compliance’’.
09-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
sk Note:Issue order copy on 10.03.2026.
To
1. The District collector office of the District collector, Thanjavur District.
2. the Revenue Divisional officer Kumbakonam Thanjavur District.
3. The Thasildhar Kumbakonam Thanjavur District.
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M.DHANDAPANI J.
sk
09-03-2026
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