Dismissed

Muppudathi v. the District Collector

Madras HC11 Feb 2020WP(MD)/2119/2020

Case brief

AI extract

What is this about?

Writ petition filed to quash an order refusing to issue a legal heir certificate where the deceased had two wives. Court held the rejection was correct as rights need to be declared in civil court before certificate issuance, dismissing the petition.

What did the court decide?

The writ petition is dismissed with no costs. The direction to issue the legal heir certificate is not given.

Muppudathi Vs the District Collector — Pension and Retirement Benefits | Madras HC (2020)

¶1

W.P(MD)No.2119 of 2020

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 11.02.2020

¶4

CORAM:

¶5

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA

¶6

W.P(MD)No.2119 of 2020

¶7

Muppudathi ... Petitioner

¶8

Vs.

¶9

The District Collector, Tenkasi District, Tenkasi.

¶10

The Tahsildar, Veerakeralampudur Taluk, Tenkasi District. ... Respondents

¶11

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.A1/2853/19 dated 30.09.2019 passed by the 2^nd respondent and quash the same consequently direct the 2^nd respondent to issue legal heir certificate to the petitioner.

¶12

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.M.Murugan, Government Advocate

¶13

O R D E R

¶14

This Writ Petition has been filed seeking for a direction to call for the records pertaining to the impugned order in O.Mu.A1/2853/19 dated 30.09.2019 passed by the 2^nd respondent and quash the same and to consequently direct the 2^nd respondent to issue legal heir certificate to the petitioner.

¶15

The petitioner has challenged the order of rejection issued by the Tahsildhar, who is the second respondent herein, refusing to issue legal heirship certificate to the petitioner. Even while applying for legal heirship certificate, the petitioner has stated that she is the first wife and through her, the deceased Chellaiah had six children and through the 2^nd wife, the deceased got three children and both wives are alive. Since the

¶16

https://hcservices.ecourts.gov.in/hcservices/

¶17

1/2

¶18

W.P(MD)No.2119 of 2020

¶19

said Chellaiah died on 11.04.2019, they are seeking for Legal heirship certificate for the purpose of receiving family benefits.

¶20

Admittedly, there are two wives and therefore, the second respondent has rejected the application directing the petitioner to go before the Civil Court and get their rights declared and obtain the legal heirship certificate. Therefore, there is no merit in this case, as the order passed by the second respondent does not suffer from any infirmity.

¶21

Accordingly, the writ petition stands dismissed. No costs.

¶22

Assistant Registrar(CS)

¶23

// True Copy //

¶24

/ /2020 Sub Assistant Registrar(CS)

¶25

¶26

The District Collector, Tenkasi District, Tenkasi.

¶27

The Tahsildar, Veerakeralampudur Taluk, Tenkasi District.

¶28

+1 CC to M/s.SPL.GP ( SR-5821[F] dated 12/02/2020 )

¶29

Order made in W.P(MD)No.2119 of 2020 Dated: 11.02.2020

¶30

KMV(CO)

¶31

TR(03.03.2020)2P 4C

¶32

https://hcservices.ecourts.gov.in/hcservices/

¶33

2/2

Muppudathi v. the District Collector

Case brief

What is this about?

What did the court decide?

Muppudathi v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S. Sivabalan Vs the Commissioner

The Lorry owners Association Vs The TamilNadu Civil Supplies Corporation, Rep by its

K.Soundarapandiyan Vs the Regional Transport Officer

M. Veerajothi Vs the Director of Drugs Control

T. Leelavathi Vs the District Collector

Vadivelan Vs The Junior Electrical Engineer