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Madras High Court
Rajeswari vs The Tahsildhar on 9 March, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 9030 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 9030 of 2026
Rajeswari
..Petitioner(s)
Vs
The Tahsildhar
Vellore Taluk
Vellore District.
..Respondent(s)
Calling for the records relating to the impugned order passed by the
respondent Vide Application No. O.Mu.No.C4. 4179/2024 and quash the same
as illegal and consequently directing the respondent to issue a legal heir
certificate in favour of the petitioner as legal heirs of Late V.A.Raja respectively
directing the respondent to issue the legal heir certificate in favour of petitioner.
For Petitioner(s): Dr.A.R.Shanmugam
For Respondent(s): Ms.V.Yamuna Devi, Special Government Pleader
Order
The petitioner has filed this petition challenging the impugned order
dated 03.01.2025, wherein her request for grant of legal heir certificate got
rejected. She seeks further direction to the respondent to issue a legal heir
certificate.
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2. Case of the petitioner is that she is the legally wedded wife of her
husband deceased V.A.Raja. He died on 31.01.2020 due to ill health, leaving
behind the petitioner and his two sons and one daughter. The petitioner had
applied before the respondent to issue the legal heirs certificate of deceased
V.A.Raja. However the application was rejected for the reason that the said
Raja had second wife viz., Durga bhai. Aggrieved by the impugned order, the
present writ petition is filed.
3. Learned counsel for the petitioner submitted that the petitioner is the
legally wedded wife of the said late Raja. One Durga bhai who alleged to be his
second wife, was died on 03.12.2023, without any children. Hence, the
petitioner and her three children are the only legal heirs of deceased V.A.Raja.
However, the respondent, though recorded a finding that one Durgabhai, who
alleged to be the second wife died, had wrongly passed the impugned order
rejecting the legal heir certificate to the petitioner and her children.
4. Ms.V.Yamuna Devi, learned Special Government Pleader who takes
notice for the respondent submitted that since late V.A.Raja had two wives, the
petitioners have to establish their legal heirs status only before the Civil Court.
Therefore, the respondent has rightly passed the impugned order, which does
not warrant interference of this Court.
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5. Heard both sides and also perused the materials available on record.
6. Admittedly, the petitioner is the legally wedded wife of late V.A.Raja.
The application for issuance of legal heir certificate was rejected on the ground
that the deceased V.A.Raja had second wife, who also died without any
children. Further in the impugned order it was admitted that the second wife
was also died without any children. While so, the respondent, directing the
petitioner to approach the Civil Court to establish their legal heir status, is not
justifiable. Hence, the rejection order passed by the respondent is unsustainable
and it is liable to be set aside.
7. In view of the above, this Writ Petition is allowed and the impugned
order dated 03.12.2025 passed by the respondent is set aside. The matter is
remanded back to the respondent, who shall once again verify and issue legal
heir certificate to the petitioner and file a report before this Court on
16.03.2026, failing which, the respondent is directed to appear before this
Court.
Post the matter on 16.03.2026 ‘’For reporting Compliance’’.
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09-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sk
To
The Tahsildhar
Vellore Taluk
Vellore District.
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M.DHANDAPANI J.
SK
09-03-2026
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