T.Palaniyammal Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

T.Palaniyammal Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned communication quashed; respondent directed to re-consider the Legal Heirs Certificate application including the persons declared legal heirs in O.S.No.48 of 2022, after issuing notice to Ragunathan, completing the exercise within four weeks; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the Tahsildar's rejection of the petitioner's application for a Legal Heir Certificate, on the ground of the objection raised by Ragunathan, was sustainable when the civil court's judgment and decree in O.S.No.48 of 2022 declaring the legal heirs of Marudhaiveeran existed and ought to have been considered. +1 more

Court's answer

In view of the judgment and decree passed by the civil Court in O.S.No.48 of 2022, the impugned order rejecting the Legal Heir Certificate application is liable to be, and is, quashed.

Ratio / Principle

The respondent is directed to re-consider the application for issuance of Legal Heirs Certificate to the petitioner, including the persons declared as legal heirs of her deceased father Marudhaiveeran by the civil court.

Key takeaways

Before passing any fresh order on the application, notice shall be issued to Ragunathan, who has been raising the objection.ratio¶25
The entire exercise of reconsideration shall be completed within four weeks from the date of receipt of a copy of the order.ratio¶30

Detailed headnote1 paragraphs

Writ Petition (Article 226, certiorarified mandamus) by T.Palaniyammal against the Tahsildar, Natham Taluk, Dindigul District, challenging rejection of her application for a Legal Heir Certificate on the objection of one Ragunathan, said to be a son of the petitioner's deceased father Marudhaiveeran through a second marriage contracted with Kanniyammal during the subsistence of the first marriage with Thadagathi. The petitioner and her sister Pandiammal had obtained a favourable judgment and decree in O.S.No.48 of 2022 (dated 29.11.2024) from the District Munsif-cum-Judicial Magistrate, Dindigul, declaring the children through both wives as legal heirs. Holding that this decree ought to have been considered before rejection, C. Saravanan, J. quashed the impugned communication and directed the Tahsildar to re-consider the application, including the persons declared legal heirs, after issuing notice to Ragunathan, completing the exercise within four weeks. Writ Petition disposed of with no costs; connected miscellaneous petition closed.

W.P.(MD) No.16976 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.(MD) No.16976 of 2025 and W.M.P.(MD) No.12889 of 2025

T.Palaniyammal ... Petitioner

Vs

The Tahsildar, Natham Taluk, Dindigul District. ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the respondent in Application Number. TN-7202504301969 dated Nil.2025 and quash the same as illegal and unconstitutional, consequentially direct the respondent to issue legal heir certificate based on judgment and decree in O.S.No. 48 of 2022 on the file of District Munsif cum Judicial Magistrate Court, Natham, Dindigul District dated 29.11.2024.

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W.P.(MD) No.16976 of 2025

For petitioner : Mr. A.Vadivel For respondent : Mr.K.R.Badurus Zaman Government Advocate *****

ORDER

This Writ Petition is disposed of at the time of admission after hearing

the learned counsel for the petitioner and learned Government Advocate for the respondent.

The petitioner has challenged the impugned communication issued by the respondent/Tahsildar, whereby the request of the petitioner for issuance of Legal Heir Certificate has been rejected on the ground of the objection raised by one Ragunathan. The said Ragunathan appears to be a son of the petitioner’s deceased father, namely, Marudhaiveeran, who appears to have been contracted a second marriage during the subsistence of the first marriage with one Kanniyammal.

It is noticed that the petitioner, along with her sister Pandiammal had approached the District Munsif-com-Judicial Magistrate, Dindigul in O.S.No.48

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W.P.(MD) No.16976 of 2025

of 2022 for declaration that all the child sired by the petitioner’s father through petitioner’s mother, namely, Thadagathi and the second wife, namely, Kanniyammal are the legal heirs and had secured favourable judgement and degree from the said Court in O.S.No.48 of 2022 on 29.11.2024. This aspect ought to have been considered by the respondent before rejecting the application for issuance of Legal Heirs Certificate to the petitioner. Unless of course, the said decision has been put to parde as the said Legal Heir Certificate has been objected by the said Ragunathan.

Considering the judgement and degree passed by the civil Court in the suit in O.S.No.48 of 2022, the impugned order is liable to be quashed and accordingly, quashed with the direction to the respondent to re-consider the application filed for the issuance of Legal Heirs Certificate to the petitioner including the name of the persons, who have been declared as legal heirs of the petitioner’s deceased father, Marudhaiveeran.

Needless to state, before passing such order, notice shall be issued to

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W.P.(MD) No.16976 of 2025

the said Ragunathan, who appears to have been raising objection.

This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 24.06.2025 Internet : Yes / No apd To

The Tahsildar, Natham Taluk, Dindigul District.

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W.P.(MD) No.16976 of 2025

C.SARAVANAN, J.

apd

W.P.(MD) No.16976 of 2025

24.06.2025

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