Allowed

K.Subbaiah, v. the Tahsildar

Madras HC23 Sept 2022WP(MD)/14092/2013

Case brief

AI extract

What is this about?

This writ petition challenged an order rejecting the petitioner's application for a legal heir certificate. The High Court allowed the petition, set aside the rejection order, and directed the respondent to issue the certificate to the petitioner and his siblings, dismissing the respondent's ground regarding the deceased's second marriage.

What did the court decide?

The impugned order was set aside and the respondent directed to issue the Legal Heir Certificate to the petitioner and his siblings.

K.Subbaiah, Vs the Tahsildar — Pension and Retirement Benefits | Madras HC (2022)

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W.P(MD)No.14092 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.09.2022

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.14092 of 2013

K.Subbaiah

... Petitioner

Vs.

The Tahsildar, Dindigul Taluk Office, Dindigul, Dindigul District. ... Respondent

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the first respondent in his proceedings O.Mu.No.24439/2013/A1, dated 28.06.2013 and quash the same consequently direct the respondent herein to issue the Legal Heir Certificate to the petitioner.

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For Petitioner : M/s.G.Gomathi Sankar

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For Respondent : M/s.B.Saravanan Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14092 of 2013

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ORDER

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The present Writ Petition has been filed challenging an order passed by the respondent herein, under which, the request of the petitioner for grant of legal heir certificate has been rejected.

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According to the petitioner, his father, Kamatchi had originally married one Lakkammal and she had passed away in the year 1975. Thereafter, he has married one Akkammal and through her, the petitioner and his brother and one sister are the legal heirs. The petitioner's father Kamatchi had passed away on 24.04.2013. Thereafter, the petitioner has approached the respondent herein for grant of legal heir certificate.

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Under the impugned order, the respondent has rejected the said request, on the ground that the deceased Kamatchi had two wives. From the averments, it could be seen that the first wife, namely, Lakkammal had died wayback in the year 1975, without any issues. In view of the above said facts, there cannot be any impediment for the respondent

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14092 of 2013

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herein for issuing legal heir certificate to the petitioner along with his brother and sister.

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In view of the above said facts, the order impugned in the writ petition is set aside. The writ petition stands allowed and the respondent is directed to issue legal heir certificate to the petitioner along with his brother and sister as legal heirs of deceased Kamatchi. There shall be no order as to costs.

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23.09.2022

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Index : Yes / No Internet : Yes / No btr

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The Tahsildar, Dindigul Taluk Office, Dindigul, Dindigul District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14092 of 2013

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R.VIJAYAKUMAR, J.

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btr

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Order made in W.P(MD)No.14092 of 2013

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23.09.2022

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https://www.mhc.tn.gov.in/judis

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K.Subbaiah, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

K.Subbaiah, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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