Petitioner challenged rejection of her legal heirship certificate application. The Thasildar found the deceased had another wife who objected and required a civil court decree to establish the legally wedded wife. Finding no illegality in that order, the court dismissed the writ petition.
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.
W.P.No.5919 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5919 of 2022
and W.M.P. No. 6019 of 2022
Malliga
... Petitioner
Vs
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in connection with proceedings in Na. Ka. 1716/2021/A1 dated 18.8.2021 of the first respondent and quash the same and consequently direct the first respondent to issue legal heir certificate to the petitioner.
For Petitioner : No appearance
For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1)
O R D E R
1/4
W.P.No.5919 of 2022
The Writ Petition has been filed challenging the order dated 18.08.2021 passed by the first respondent, thereby, the request made by the petitioner for issuance of legal heirship certificate was rejected.
2/4
W.P.No.5919 of 2022
the application from the petitioner for issuance of legal heirship certificate, a detailed enquiry was conducted. During the enquiry, the first respondent found that the deceased Kamaleshan originally married the second respondent and gave birth to two male children. However, the second respondent objected for issuance of legal heirship certificate in favour the petitioner. Therefore, the petitioner was directed to obtain decree from the concerned Civil Court to prove as to who is the legally wedded wife to the said Kamaleshan. Hence, this Court finds no infirmity or illegality in the order passed by the first respondent and this Writ Petition is devoid of merits.
01.04.2024
Index:Yes/No Neutral Citation/Yes/No kv
G.K.ILANTHIRAIYAN, J.
3/4
W.P.No.5919 of 2022
To
kv
The Thasildar, Krishnagiri Thasildar Office, Krishnagiri Post, Krishnagiri.
W.P.No.5919 of 2022
01.04.2024
4/4
1 issue framed by the court
Whether the Thasildar's rejection of the petitioner's legal heirship certificate application, pending a civil court decree proving her marriage to the deceased, was infirm?
1 provisions across 1 enactments
Malliga
The Thasildar, Krishnagiri Thasildar Office, Krishnagiri Post, Krishnagiri
Sarasu
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
