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K.Jayanthi Vs the thasildar — Pension and Retirement Benefits | Madras HC (2024)

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Madras HC
2024
K.Jayanthi Vs the thasildarK.Jayanthi v. the thasildar

Allowed

K.Jayanthi v. the thasildar

Madras HC23 Aug 2024WP/5909/2022

Case brief

from the order text

What is this about?

IN THE HIGH COURT OF JUDICATURE AT MADRAS…

What the court decided

AI extract

Outcome

A

W.P.No.5909 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.5909 of 2022

K.Jayanthi

...Petitioner

Vs.

The Tahsildar, Aminjikarai Taluk, Chennai – 600 030. ...Respondent

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 1^st respondent herein in his proceedings having transaction reference no.TNTACCHN02335282 pursuant to the Application No.TN7202108191705 quash the same and direct the 1^st respondent to issue Legal Heirship certificate to the petitioner herein.

For Petitioner : Mr.C.Ramesh For Respondent : Mr.R.Neelakandan, AAG, Assisted by Mr.U.Baranidharan, AGP

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the rejection of the petitioner's application for a Legal Heirship certificate should be set aside and remanded for a fresh enquiry in light of the Supreme Court's finding against the validity

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of India226

Parties & counsel

AI extract

petitioner
K.Jayanthi
respondent
The Tahsildar, Aminjikarai Taluk, Chennai

Coram

AI extract

M.Dhandapani

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 23 Aug 2024 · August
Registered: 11 Mar 2022
Case no.: WP/5909/2022

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Cite this judgement

K.Jayanthi v. the thasildar, WP/5909/2022 (MAD), decided on 23 August 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of India226

View all statutes

Bench / Coram

M.Dhandapani

Parties & counsel

Allowed

Issue for consideration

Whether the rejection of the petitioner's application for a Legal Heirship certificate should be set aside and remanded for a fresh enquiry in light of the Supreme Court's finding against the validity

A compact analysis

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.

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O R D E R

W.P.No.5909 of 2022

This Writ petition has been filed seeking quashment of the proceedings of the 1^st respondent having transaction reference no.TNTACCHN02335282, in and by which, the petitioner's application bearing No.TN7202108191705 was rejected and to consequently direct the 1^st respondent to issue Legal Heirship certificate to the petitioner.

The case of the petitioner is that, she is the legally wedded wife of one K.A.Sachidanandam and their marriage was solemnised on 01.11.1989 and out of the wedlock, they were blessed with two children. The petitioner's husband died on 24.04.2021. Thereafter, the petitioner applied for Legal Heirship certificate of her husband, before the respondent herein. However, the respondent, vide impugned order rejected the petitioner's application. Challenging the same, the petitioner has come up with this Writ petition.

Learned counsel for the petitioner submitted that, during his lifetime, the petitioner's husband, the said K.A.Sachidanandam married the petitioner's younger sister in the year 2015, when the 1^st marriage is in

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W.P.No.5909 of 2022

existence, and they have fraudulently registered the second marriage, vide Document No.557/2015, dated 03.08.2015 by suppressing the 1^st marriage and thereby the petitioner filed W.P.No.21180 of 2017, challenging the registration of the 2^nd marriage of her husband and pending the same, the respondent rejected the petitioner's application which is not sustainable. Learned counsel further submitted that, subsequently the said Writ petition was allowed, vide order dated 07.11.2022 and directions were issued to the concerned Sub Registrar for cancellation of the said marriage certificate. Hence, necessarily the impugned rejection order has to be interfered with. Accordingly, he prayed for appropriate orders.

On the above said contentions, heard learned Additional Advocate General appearing on behalf of the respondent and perused the material documents placed on record.

It is not disputed that the petitioner married the said K.A.Sachidanandam in the year 1989 and there were some dispute between the husband and wife which resulted in filing of divorce petitions by the said K.A.Sachidanandam in H.M.O.P.No.1416 of 2008, H.M.O.P.No.4293 of

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W.P.No.5909 of 2022

2013 and H.M.O.P.No.617 of 2018 seeking divorce, however the same were dismissed and the marriage between the petitioner and the said K.A.Sachidanandam has not been dissolved by the operation of law.

It is relevant to note that the said K.A.Sachidanandam married the

younger sister of the petitioner, while the 1^st marriage between the petitioner and the said K.A.Sachidanandam is in subsistence. Such being the position, as long as the first marriage between the petitioner and the said K.A.Sachidanandam is valid and has not been dissolved by way of divorce as per law, contracting second marriage by the said K.A.Sachidanandam with the petitioner's sister is void ab initio and the very registration of the second marriage on the basis of false declaration cannot be sustained in law.

Further, it is pertinent to note that, this Court, vide order dated 07.11.2022 allowed the Writ petition filed by the petitioner seeking quashment of the registration of the 2^nd marriage performed by the petitioner's husband and further directed the Sub-Registrar is directed to cancel the marriage registration certificate in Document No.557/2015, dated 03.08.2015. In such view of the matter, this Court deems it fit to interfere

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W.P.No.5909 of 2022

with the impugned rejection order passed by the respondent.

Accordingly, the impugned rejection order passed by the respondent

in the petitioner's application seeking Legal Heirship certificate of her husband viz., K.A.Sachidanandam is set aside and the matter is remanded to the respondent for fresh consideration and the respondent is directed conduct appropriate enquiry in between the parties and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.

With the above observations and directions, this Writ petition stands allowed. No costs.

23.08.2024

skt

NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No

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W.P.No.5909 of 2022

To

The Tahsildar, Aminjikarai Taluk, Chennai – 600 030.

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

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W.P.No.5909 of 2022

M.DHANDAPANI, J.

skt

W.P.No.5909 of 2022

23.08.2024

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

7/7

CNR

HCMA010369032022

Topic

Pension and Retirement Benefits

Bench

Disposal

DISPOSED OF WITH DIRECTION

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