The High Court of MadRAS quashed an order rejecting a legal heirship certificate application. The Court remanded the matter for a fresh enquiry, noting no objection from other heirs and directed the authority to decide within six weeks.
Impugned order dated 08.06.2019 quashed; matter remanded for fresh consideration and issue of legal heirship certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P. No. 13089 of 2020
Valliyammal
.. Petitioner
Versus
Raja annamalaipuram, Chennai 600 028.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the first respondent vide application No.TN-720190528611 dated 08.06.2019 and to quash the same and further direct the first respondent to issue legal heirship certificate to the petitioner and her legal heirs.
For Petitioner For Respondents
: Mr.G.Anantarangan : Mr. Stalin Abhimanyu Government Counsel for R1 and R2
ORDER
This writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus to quash the order dated 08.06.2019 of the first respondent and consequently direct the first respondent to issue legal heir certificate to the petitioner and her legal heirs.
Rs.1,975/- as pension. On 13.11.2018 the petitioner's husband died and she obtained his death certificate, issued by the Corporation of Chennai. According to the petitioner, Chandrammal, second wife of her husband died even on 19.06.2003 and the same has been registered before the Corporation of Chennai. In such circumstances, the petitioner applied for issuing legal heirship certificate before the first respondent. Though there was no dispute or objection from the children born to the second wife namely Chandrammal, the first respondent rejected the petitioner's application, without conducting proper enquiry. Due to non submission of legal heirship certificate, the petitioner's application for family pension is kept pending by the concerned authorities. Hence this writ petition.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mst/rsh
To
(Near Greenways Railway Station),
Raja annamalaipuram, Chennai 600 028.
+1 cc to Mr.G.Anantarangan , Advocate Sr.NO.48853
+1 cc to Government Pleader Sr.NO. 48531
WP No.13089 of 2020
GSM co
A.SK(12.10.2021)
2 issues framed by the court
Whether the High Court should quash the order rejecting the petitioner's application for a legal heirship certificate.
Whether the Revenue authority was required to conduct a proper enquiry before rejecting the claim.
1 provisions across 1 enactments
Valliyammal
The Tahsildar, Mylapore-Triplicane Taluk
The Deputy Tahsildar, Mylapore-Triplicane Taluk
The Revenue Inspector, Mylapore-Triplicane Taluk
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
