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Kamalammal v. the District Collector

Madras HC5 Jun 2025WP/19972/2025

Case brief

AI extract

What is this about?

Madras High Court, WP No. 19972 of 2025, N. Anand Venkatesh J., 05-06-2025; legal heir certificate cancellation and fresh certificate with daughter's name; Krishnagiri District Collector, Sub Collector Hosur, Thashildar Denkanokottai Taluk; Perumal died 05.01.1991; certificate dated 03.09.2016 in pa. mu a 5044/2016 (Bb1); 2016 representation vs 2025 writ petition; fresh online application with charges; enquiry into paternity; decision within four weeks; disposed, no costs.

What did the court decide?

Writ petition disposed of with directions: petitioner to file a fresh online application to the 3rd respondent (with necessary charges) for inclusion of her name in the legal heirship certificate; 3rd respondent to conduct an enquiry and take a decision within four weeks of receipt; no costs. ¶45

Kamalammal Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the official respondents should cancel the legal heir certificate dated 03.09.2016 and issue a fresh legal heir certificate including the petitioner's name. +1 more

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Court's answer

The legal heirship certificate already granted need not be cancelled, since the persons named in it are in fact the legal heirs of late Perumal.

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Ratio / Principle

As the petitioner's actual grievance is non-inclusion of her name, she must seek addition of her name to the legal heirship certificate and issuance of a fresh certificate, not cancellation.

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Key takeaways

No useful purpose would be served by directing the official respondents to deal with the representation of the year 2016, the writ petition having been filed in 2025.ratio¶40
The petitioner is directed to submit a fresh online application to the 3rd respondent seeking addition of her name to the legal heirship certificate by paying necessary charges, and the 3rd respondent shall conduct an enquiry to ascertain whether she is the daughter of the deceased Perumal.ratio¶42
A decision on the fresh application shall be taken within four weeks from the date of receipt of the fresh online application from the petitioner.

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 sought to cancel a legal heir certificate dated 03.09.2016 (pa. mu a 5044/2016 (Bb1)) issued by the Thashildar, Denkanokottai Taluk, and to reissue it with the petitioner-daughter's name. The Court held cancellation unnecessary because the persons already named are legal heirs of the deceased Perumal (d. 05.01.1991); the proper remedy is addition of the omitted heir's name. Declining to revive the stale 2016 representation, the Court directed the petitioner to submit a fresh online application with necessary charges, directed the Thashildar to enquire into her claim of being Perumal's daughter, and to decide within four weeks. Petition disposed of, no costs.

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WP No. 19972 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-06-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 19972 of 2025

Kamalammal

Petitioner(s)

The District Collector Krishnagiri District 2.The Sub Collector Hosur, Krishnagiri District

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3.The Thashildar Denkanokottai Taluk Krishnagiri District 4.Kaveriyappan 5.Narayanasamy

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6.Mayakannan

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Respondent(s)

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

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2/8 WP No. 19972 of 2025

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Directing the respondents to cancel the lega1 heir certificate dated 03.09.2016 in pa. mu a 5044/2016 (Bb1) and thereby directing the 1 to 3 respondents to issue fresh legal heir certificate by including name of this petitioner by considering representation dated 03.09.2016.

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For Petitioner(s): Mr.S.Kumaresan

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For Respondent(s): Mr.R.Neelagandan Additional Advocate General assisted by Mr.T.M.Rajangam Government Advocate for R1 to R3

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ORDER

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This writ petition has been filed for issue of writ of mandamus directing

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the official respondents to cancel the legal heir certificate dated 03.09.2016 and

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to issue a fresh legal heir certificate by including name of the petitioner by

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considering the representation made by the petitioner on 03.09.2016.

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2.Heard Mr.S.Kumaresan, learned counsel appearing on behalf of the

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

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appearing on behalf of respondents 1 to 3.

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

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WP No. 19972 of 2025

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3.The case of the petitioner is that she is the daughter of one Perumal. The

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said Perumal died on 05.01.1991. A legal heir certificate dated 03.09.2016 was

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issued by the 3rd respondent without including the name of the petitioner. Hence, the petitioner made a representation seeking for cancellation of the legal heir certificate and to include her name in the legal heir certificate and issue a fresh certificate. Since the same was not considered, the present writ petition has been filed before this Court.

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4.In the considered view of this Court, the legal heirship certificate which

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has already been granted need not be cancelled, since the names of those persons found in the legal heirship certificate are infact the legal heirs of late Perumal. The actual grievance expressed by the petitioner is that she is the daughter of the said Perumal and her name has not been included in the legal heirship certificate. If that is so, the petitioner has to seek for adding her name in the legal heirship certificate and for issuance of a fresh legal heirship certificate. That apart, it is seen that the representation is of the year 2016 and

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

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WP No. 19972 of 2025

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the present writ petition has been filed in the year 2025. Therefore, no useful

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purpose will be served by directing the official respondents to deal with the representation of the year 2016.

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5.In the light of the above discussion, there shall be a direction to the

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petitioner to submit a fresh online application to the 3rd respondent seeking for

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adding her name in the legal heirship certificate by paying necessary charges. The 3rd respondent shall conduct an enquiry and ascertain the fact as to whether

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the petitioner is the daughter of the deceased Perumal. A decision shall be taken, within a period of four weeks from the date of receipt of the fresh online application from the petitioner.

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6.This writ petition is disposed of with the above directions. No Costs.

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05-06-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

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WP No. 19972 of 2025