Allowed

Kumuthini v. The Tahsildar

Madras HC15 Oct 2024WP(MD)/15317/2024

Case brief

AI extract

What is this about?

In a writ petition, the Madurai Bench of Madras High Court quashed the Tahsildar's order rejecting the petitioner's application for a legal heirship certificate. The Court directed the issue of the certificate within eight weeks to enable redemption of pledged jewels, noting that the refugees' status was not a valid ground for denial.

What did the court decide?

Quashed the impugned order and directed the respondent to issue the legal heirship certificate within eight weeks.

Kumuthini Vs The Tahsildar — Constitutional and Fundamental Rights | Madras HC (2024)

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WP(MD). No.15317 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 15/10/2024

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CORAM

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The Hon`ble Mr.Justice N.SATHISH KUMAR

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WP(MD). No.15317 of 2024

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Kumuthini ... Petitioner Vs

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The Tahsildar, Trichy West Taluk Office, Trichy. ... 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, calling for the records relating to the impugned order in O.Mu.Aa1/1066/2024, dated 14.05.2024, passed by the respondent, and quash the same and consequently direct the respondents to issue legal heirs certificate to the petitioner.

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For Petitioner : Mr.G.Karnan For Respondent : Mr.A.Kannan

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Additional Government Pleader

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

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WP(MD). No.15317 of 2024

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ORDER

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This writ petition has been filed challenging the impugned proceedings of the respondent in O.Mu.Aa1/1066/2024, dated 14.05.2024 rejecting the application submitted by the petitioner seeking for legal heirship certificate.

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2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent.

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3.The case of the petitioner is that her husband Matheesan is a Srilankan refugee. He married the petitioner herein and they have two sons and two daughters. While so, on 06.04.2024, her husband died. He had pledged some jewels with the bank. In order to redeem the same, when they approached the bank, the bank was insisting for the legal heirship certificate. Accordingly, the petitioner made a representation/application before the respondent on 10.05.2024 seeking for legal heirship certificate. The same was rejected through the impugned proceedings dated 14.05.2024 and the same has been made as a subject matter of challenge in the present writ petition.

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

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WP(MD). No.15317 of 2024

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The materials that have been placed before this Court, viz., the death certificate of the husband of the petitioner, identity card issued by the competent authority and also the Aadhar card to show that the petitioner and her husband and children were Srilankan refugees. The petitioner wants to redeem the jewels pledged by her husband in various banks. For this purpose, the bank has insisted for production of legal heirship certificate. The material available show that the petitioner and her sons and daughers are the legal heirs of the deceased Matheesan. In view of the same, there is no reason as to why the legal heirship certificate must be rejected by the respondent, just because the petitioner and her children happen to be Srilankan refugees. This legal heirship certificate is sought for only to redeem the jewels. Hence, this Court is inclined to interfere with the impugned proceedings issued by the respondent in O.Mu.Aa1/1066/2024, dated 14.05.2024 and the same is hereby quashed.

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

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WP(MD). No.15317 of 2024

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In the result, the writ petition is allowed and there shall be a

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direction to the respondent to issue legal heirship certificate after collecting all the necessary documents from the petitioner and her children. This process shall be completed by the respondent within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this legal heirship certificate is issued only to enable the petitioner and her children to redeem the jewels and operate the bank accounts. No costs.

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15.10.2024

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TO The Tahsildar, Trichy West Taluk Office, Trichy.

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

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WP(MD). No.15317 of 2024

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N.SATHISH KUMAR,J

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ORDER IN WP(MD) No.15317 of 2024

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Date : 15/10/2024

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

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Kumuthini v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Kumuthini v. The Tahsildar

Case brief

What is this about?

What did the court decide?

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