Single judge writ petition challenging rejection of legal heirship certificate application for Class-II heir. Court quashed the non-speaking order for violation of natural justice and remanded for fresh consideration.
Impugned order dated 22.03.2022 quashed; matter remanded for fresh consideration after fair hearing; final orders to be passed within twelve 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 : 16.06.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.NO.14100 OF 2022 AND W.M.P.NO.13327 OF 2022
K.Mariappan
... Petitioner
-Vs-
The Tahsildar, Mambalam Taluk, Chennai District.
... Respondent
PRAYER:-
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarifed Mandamus to call for the records related to the impugned rejection order in O.Mu.E1/281/2022 dated 22.03.2022 passed by the respondent and quash the same and consequently direct the respondent to issue second class legal heirs certificate of the deceased K.Sankar, S/o.Late Krishnasamy died on 16.07.2021.
For Petitioner : Mr.D.Bennington
For Respondent : Mr.S.J.Mohammed Sathik Government Advocate
This writ petition has been filed challenging the impugned order dated 22.03.2022, under which, the petitioner's application, seeking for issuance of legal heirship certificate for his deceased brother K.Sankar, who died on 16.07.2021, was rejected on the ground that the petitioner is not a direct legal heir.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
sr
To
The Tahsildar, Mambalam Taluk, Chennai District.
+1cc to Mr.D.Bennington, Advocate, S.R.No.36370 +1cc to the Government Pleader, S.R.No.36456
W.P.NO.14100 OF 2022
VG-II(CO) PBS/28/06/2022
2 issues framed by the court
Whether there is a prohibition against issuance of legal heirship certificate to Class-II legal heirs like a brother of a bachelor.
Whether the rejection order passed without affording an opportunity of hearing violates principles of natural justice.
1 provisions across 1 enactments
K.Mariappan
The Tahsildar, Mambalam Taluk, Chennai District
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
