The High Court of Madras, in a writ petition, quashed an order rejecting a legal heirship certificate application. The court held the authority empowered to issue certificates to Class-II heirs, remanding the matter for fresh consideration on merits within 12 weeks.
Impugned order quashed; matter remanded for fresh consideration and final order within 12 weeks.
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: 24.02.2021
C O R A M
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.Nos.19174 of 2020 and W.M.P.No.23751 of 2020
R.Venkateshwaran ... Petitioner
Vs.
.
The Tahsildar,
Taluk Office,
Hosur Taluk,
Krishnagiri District ...Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order dated 19.10.2020 passed in Application No.TN-7202010192566 on the file of the respondent herein, quash the same and consequently direct the respondent herein to issue the legal heirship certificate to the petitioner based on his application No.TN-7202010192566.
For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.V.Shanmugasundar, Spl.Govt.Pleader ORDER
This Writ Petition has been filed challenging the order dated 19.10.2020 passed by the respondent rejecting the petitioner's application seeking for issuance of legal heirship certificate for his uncle M.H.Rama Rao who died on 08.11.2000 on the ground that the petitioner is a Class-II legal heir.
petitioner is a Class-II legal heir. Aggrieved by the same, this Writ Petition has been filed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
srn
To
The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District
+1 CC to Mr.K.Govi Ganesan, Advocate sr 11311.
W.P.Nos.19174 of 2020 and W.M.P.No.23751 of 2020
MG(CO)
SP(12/03/2021)
3 issues framed by the court
Whether the respondent authority was empowered to issue a legal heirship certificate when the petitioner is a Class-II legal heir.
Whether the impugned order rejecting the application on the sole ground that the petitioner is a Class-II heir was demonstrably flawed in application of law.
Whether the matter should be remanded for fresh consideration by the authority.
1 provisions across 1 enactments
R.Venkateshwaran
The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
