Writ petition seeking issuance of a legal heir certificate was disposed of with liberty to approach the civil court, as the validity of the petitioner's marriage and her status as a legal heir involved contested facts unsuitable for determination in writ jurisdiction.
Disposed of with liberty to approach the civil court. No costs.
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(MD)No.10609 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10609 of 2024
Chellammal
... Petitioner
Vs.
... Respondents
(R4 is suo motu impleaded vide order dated 05.06.2024 in W.P.(MD)No.10609 of 2024 by GRSJ).
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 records pertaining to the impugned application TN-7202312192317 rejected by the 2nd and 3rd respondents dated 19.12.2023 and quash the same as illegal and consequently direct the respondents to consider the petitioner's application and issue legal heir certificate.
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W.P(MD)No.10609 of 2024
For Petitioner : Mr.M.Ananthkumar
For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3.
Mr.J.Mohamed Ibrahim for R4.
ORDER
Heard both sides.
2.One Ramar had passed away. The question is who are his legal heirs.
The fourth respondent is mother of Ramar. The petitioner claims that she is wife of Ramar. The fourth respondent would contend that the petitioner was married to one Muniyandi and that there was no valid marriage between the petitioner and her son / Ramar. The petitioner while admitting that Muniyandi was her first husband, would claim that the said marriage was dissolved and that she subsequently married Ramar and through the said marriage, a son by name Arun Kumar was born. These are contested issues of fact and they cannot be resolved in writ jurisdiction. The parties will have to work out their rights only before jurisdictional Civil Court.
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W.P(MD)No.10609 of 2024
of. No costs.
26.07.2024
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:-
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W.P(MD)No.10609 of 2024
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.10609 of 2024
26.07.2024
1 issue framed by the court
Whether the claim for a legal heir certificate involves contested issues of fact requiring resolution in a civil court rather than writ jurisdiction?
1 provisions across 1 enactments
Chellammal
The District Collector, Collectorate Campus, Virudhunagar
The Thasildar, Aruppukottai Taluk, Virudhunagar District
The Village Administrative Officer, Savaasupuram Village, Virudhunagar District
Azhagammal
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
