Disposed

Chandra.S v. the District Collector

Madras HC2 Nov 2021WP(MD)/19602/2021

Case brief

AI extract

What is this about?

Petitioners sought a legal heir certificate for their deceased brother S.Radha. The court held in favour of considering the representation, directing the Tahsildar to conduct an inquiry to verify heirs, citing Section 8 of the Hindu Succession Act.

What did the court decide?

Directed the third respondent to consider the representation, conduct an inquiry issuing notice to the mother and siblings, and pass a reasoned order within three months providing an opportunity to al

Chandra.S Vs the District Collector — Succession and Inheritance | Madras HC (2021)

¶1

W.P.(MD)No.19602 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 02.11.2021

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

¶6

W.P.(MD)No.19602 of 2021

1.S.Chandra

2.S.Manokaran

3.S.Prabhakaran

4.G.Saratha

.. Petitioners

-vs-

1.The District Collector,

¶14

Madurai District, Madurai-20.

¶15

2.The Revenue Divisional Officer,

¶16

Madurai District, Madurai-20.

¶17

3.The Tahsildar,

¶18

Madurai West Taluk, Madurai-625 019.

¶19

4.The Registrar,

¶20

Madurai Kamaraj University, Nagamalaipudukottai, Madurai-625 019.

¶21

.. Respondents

¶22

Prayer :- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1^st to 3^rd respondents to issue Legal heir Certificate of deceased S.Radha to the petitioners and by considering the representation dated 20.09.2021.

¶23

For Petitioners : Mr.Jeyaram.A For RR1 to 3 : Mr.P.Subbaraj, or Government of Tamil Nadu For R4 : M/s.Isaac Chambers

¶24

ORDER

¶25

The petitioners seek consideration of a representation dated 20.09.2021 for the issuance of a legal heir certificate in respect of the deceased brother of the petitioners.

¶26

2.The petitioners state that they are the siblings of one https://hcservices.ecourts.gov.in/hcservices/

¶27

1/3

¶28

W.P.(MD)No.19602 of 2021

¶29

S.Radha, who died on 28.07.2021. The petitioners state that the said Radha died unmarried and without children. Consequently, upon his death, the petitioners obtained the death certificate. Pursuant thereto, a representation dated 20.09.2021 was made to the Tahsildar seeking the issuance of legal heirship certificate. The present writ petition is filed in view of the alleged failure of the Tahsildar to take action on the petitioners' representation.

¶30

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 to 3 and M/s.Isaac Chambers, accepts notice on behalf of the fourth respondent.

¶31

4.The petitioners have enclosed the death certificate of their father Sundaram. The legal heirship certificate of the petitioners' father is also enclosed. The said certificate indicates that his wife and children are the legal heirs. The death certificate of the petitioners' brother Radha indicates that he died on 28.07.2021. Based on these documents, the petitioners are entitled to a consideration of the representation seeking a legal heirship certificate.

¶32

5.In course of inquiry, the third respondent should examine whether the deceased Radha died unmarried and without children. For purposes of such inquiry, notice should be issued to the mother of the deceased and to all the siblings of the deceased Radha. As per Section 8 of the Hindu Succession Act, 1956, the mother of the deceased also qualifies as a class I legal heir. This aspect should be taken note of by the Tahsildar in course of inquiry.

¶33

6.Subject to the above observations, W.P.(MD) No.19602 of 2021 is disposed of by directing the third respondent to consider the petitioners' representation dated 20.09.2021 seeking issuance of a legal heirship certificate and dispose of the same by a reasoned order, after conducting an inquiry in such regard. The reasoned order should be issued within a period of three months from the date of receipt of a copy of this order. A reasonable opportunity shall be provided to all the petitioners and the mother of the deceased Radha in course of such inquiry. However, there shall be no order as to costs.

¶34

Sd/Assistant Registrar (AD-I)

¶35

// True Copy //

¶36

/ /2021 Sub Assistant Registrar(CS)

¶37

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

¶38

2/3

¶39

W.P.(MD)No.19602 of 2021

¶40

sn/abr

¶41

Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

¶42

¶43

1.The District Collector, Madurai District, Madurai-20.

¶44

2.The Revenue Divisional Officer, Madurai District, Madurai-20.

¶45

3.The Tahsildar, Madurai West Taluk, Madurai-625 019.

¶46

+1 CC to M/s.SPL.GP ( SR-33689[F] dated 08/11/2021 )

¶47

+1 CC to M/s.A.JEYARAM, Advocate ( SR-33595[F] dated 02/11/2021 )

¶48

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-33721[F] dated 08/11/2021 )

¶49

W.P.(MD)No.19602 of 2021 Dated: 02.11.2021

¶50

MA(CO) KB(23.11.2021) 3P 7C

¶51

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

¶52

3/3

Chandra.S v. the District Collector

Case brief

What is this about?

What did the court decide?

Chandra.S 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

Rojapoo Vs The Joint Registrar

Abraham.v Vs the Superintending Engineer

Meenakshi Vs the Chairman

Lokesh Vs the Secretary to Government

Dr.Vidya Priyadharsini Vs the Secretary to Government

Maranatha Residential Public School Vs the District Collector