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G.Kamala v. The Thasildar

Madras HC10 Jun 2025WP/17930/2022

Case brief

AI extract

What is this about?

Legal heirship certificate; Class-II legal heir; Thasildar Purasaiwalkam Taluk Chennai-600 003; Na.Ka. A3 / 797 / 2022 dated 02.05.2022; quashed; Writ of Certiorarified Mandamus; Article 226 of the Constitution of India; Full Bench judgment W.P.No.20189 of 2023 dated 10.07.2023; G.O.Ms.No.110 dated 13.03.2024; fresh online application; decision within four weeks; deceased M. Kuppammal wife of Munuswamy died 02.01.2022; WP No. 17930 of 2022; Madras High Court; N. Anand Venkatesh J.; decided 10-06-2025; no costs.

What did the court decide?

Writ petition allowed: impugned proceedings dated 02.05.2022 quashed; petitioner to submit a fresh online application with all necessary particulars; respondent to decide on issuance of the legal heirship certificate within four weeks of receipt; no costs. ¶43

G.Kamala Vs The Thasildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned proceedings of the respondent dated 02.05.2022, refusing a legal heirship certificate to the petitioner on the ground that no legal heirship certificate can be granted for a Class-II legal heir, are liable to be quashed, and whether the respondent should be directed to issue the legal heirship certificate to the petitioner as Class-II legal heir of the deceased Kuppammal.

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Court's answer

The issue involved in the writ petition is covered by the Full Bench judgment in W.P.No.20189 of 2023 dated 10.07.2023; pursuant thereto G.O.Ms.No.110 dated 13.03.2024 has been issued, and the respondent can now issue legal heirship certificates even for Class-II legal heirs.

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Ratio / Principle

The impugned proceedings of the respondent dated 02.05.2022 are quashed.

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Key takeaways

The petitioner is directed to submit a fresh online application to the respondent along with all necessary particulars, and on receipt thereof the respondent shall take a decision regarding issuance of the legal heirship certificate within four weeks.ratio¶42

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh J.) allowed a writ petition under Article 226 seeking certiorarified mandamus to quash the proceedings of the Thasildar, Purasaiwalkam Taluk in Na.Ka. A3 / 797 / 2022 dated 02.05.2022, by which the petitioner's request for a legal heirship certificate as Class-II legal heir of the deceased M. Kuppammal (who died on 02.01.2022) was refused on the ground that no legal heirship certificate can be granted for a Class-II legal heir. Holding that the issue is covered by the Full Bench judgment in W.P.No.20189 of 2023 dated 10.07.2023 and by G.O.Ms.No.110 dated 13.03.2024 issued pursuant thereto, under which legal heirship certificates can now be issued even for Class-II legal heirs, the Court quashed the impugned proceedings, directed the petitioner to submit a fresh online application along with all necessary particulars, and directed the respondent to take a decision on issuance of the certificate within four weeks of receipt of the application. Writ petition allowed; no costs.

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WP No. 17930 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-06-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 17930 of 2022

Mrs.G.Kamala

Petitioner(s)

The Thasildar Purasaiwalkam Taluk, Chennai- 600 003.

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Respondent(s)

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for the records to the order issued by the respondent herein in his proceedings in Na.Ka. A3 / 797 / 2022 dated 02.05.2022 and quash the same, consequentially direct the respondent to issue the Legal Heir Certificate in favour of Petitioner as Class -II , Legal Heir of deceased M. Kuppammal wife of Munuswamy who died on 02.01.2022.

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

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2/6 WP No. 17930 of 2022 For Petitioner(s): Mr.P.Munuswamy For Respondent(s): Mr.R.Neelakandan Additional Advocate General assisted by Mr.K.Suresh Government Advocate

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ORDER

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This writ petition has been filed challenging the impugned proceedings

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dated 02.05.2022 issued by the respondent and for a consequential direction to

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the respondent to issue legal heir ship certificate in favour of the petitioner.

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2.Heard Mr.P.Munuswamy, learned counsel appearing on behalf of the

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petitioner and Mr.R.Neelakandan, learned Additional Advocate General

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appearing on behalf of the respondent.

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3.The impugned proceedings have been issued by the respondent mainly

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on the ground that no legal heir ship certificate can be granted for the Class-II

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Legal heir. The petitioner states that his sister Kuppammal did not leave behind

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any other legal heirs and that the petitioner alone is the Class-II Legal heir of

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the deceased Kuppammal.

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

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WP No. 17930 of 2022

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4.The issue involved in the present writ petition is covered by the judgment of the Full Bench in W.P.No.20189 of 2023 dated 10.07.2023.

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Pursuant to the same, G.O.Ms.No.110, dated 13.03.2024 has been issued and

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now the respondent can issue legal heir ship certificate even for Class-II Legal

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heirs.

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5.The learned Government Advocate appearing on behalf of the respondent submitted that the petitioner can be directed to submit an online application along with all the relevant documents and the same will be considered and a decision will be taken.

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6.In the light of the above discussion, the impugned proceedings of the respondent dated 02.05.2022, is hereby quashed. There shall be a direction to

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the petitioner to submit a fresh online application to the respondent along with all the necessary particulars and on receipt of the same, the respondent shall

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take a decision regarding the issuance of legal heir ship certificate, within a

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

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WP No. 17930 of 2022

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period of four weeks from the date of receipt of the fresh online application from the petitioner.

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7.In the result, this writ petition stands allowed with the above directions.