Allowed

[email protected] v. the Tahsildar

Madras HC7 Jul 2022WP(MD)/1521/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court directed the 1st Respondent Tahsildar to hold an enquiry and issue a legal heir certificate for the deceased Veerathimmamal, including all class-II legal heirs, within eight weeks, rejecting the refusal based on the petitioner's class-II status.

What did the court decide?

Directed the 1st Respondent to hold an enquiry, hear parties, and issue a legal heir certificate including all class-II legal heirs within eight weeks.

Govindammal@Rajammal.P Vs the Tahsildar — Property and Title | Madras HC (2022)

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W.P(MD)No.1521 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.07.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.1521 of 2021

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P.Govindammal @ Rajammal

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... Petitioner

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Vs.

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1.The Tahsildar, Dindigul East, Dindigul District.

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2.The Village Administrative Officer, Mullipadi Village, Dindigul East, Dindigul.

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3.Palanisamy (R3 is impleaded vide order dated 28.06.2021 in W.M.P.(MD)No.2861 of 2021 in W.P.(MD)No.1521 of 2021 by NAVJ)

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4.Erranga Gounder ... Respondents (R4 is impleaded vide order dated 07.07.2022 in W.M.P.(MD)No.9231 of 2021 in W.P.(MD)No.1521 of 2021 by GRSJ)

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1^st respondent to pass order on the petitioner's legal heir application dated 26.12.2020 pending

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https://www.mhc.tn.gov.in/judis 1/4

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W.P(MD)No.1521 of 2021

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before the 1^st respondent office, within a stipulated time to be fixed by this Court.

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For Petitioner : Mrs.J.Anandhavalli For Mr.SP.Vijay Nivas

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For Respondents : Mr.M.Prakash, Addl. Government Pleader for R1 & R2. Mr.R.Nandakumar for R3 Mr.M.S.Sheika Abdullah for R4

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ORDER

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Heard the learned counsel on either side.

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2.The petitioner applied to the first respondent seeking issuance of legal heir certificate. The first respondent had not processed her application on the ground that the petitioner falls under class-II category. The stand of the first respondent is not correct. It has been held time and again that even class-II legal heirs are entitled to legal heir certificate. But in this case as rightly pointed out by the learned counsel for the impleaded fourth respondent, the petitioner is not the only class-II legal heir and there are quite a few other legal heirs. The third respondent also states that the deceased Veerathimmamal had executed a Will in his favour. The genuineness of the Will will have to be established elsewhere. I am concerned only with the issuance of legal heir

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https://www.mhc.tn.gov.in/judis 2/4

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W.P(MD)No.1521 of 2021

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certificate. The first respondent is therefore directed to hold an enquiry, hear the petitioner as well as the third respondent and issue legal heir certificate, which will include all the class-II legal heirs of deceased Veerathimmamal. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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3.This writ petition is disposed of accordingly. No costs.

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07.07.2022

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Index : Yes / No Internet : Yes/ No ias

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To:

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1.The Tahsildar, Dindigul East, Dindigul District.

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2.The Village Administrative Officer, Mullipadi Village, Dindigul East, Dindigul.

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

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3/4

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W.P(MD)No.1521 of 2021

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G.R.SWAMINATHAN, J.

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ias

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W.P(MD)No.1521 of 2021

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07.07.2022 (2/2)

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

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4/4

[email protected] v. the Tahsildar

Case brief

What is this about?

What did the court decide?

[email protected] v. the Tahsildar

Case brief

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