G.Sudalaimuthu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

G.Sudalaimuthu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions: petitioner to furnish a family tree with the address of every legal heir to the Tahsildar; the second respondent Tahsildar to summon the legal heirs, conduct an enquiry with the help of the VAO, and issue proper legal heir certificates to the petitioner and other legal heirs, completing the exercise within six months from receipt of a copy of the order; no costs; connected miscellaneous petition closed. The prayer to quash the 2nd respondent's remarks was not granted as such.

Issue for consideration

Whether the remarks of the 2nd respondent rejecting the petitioner's application for a legal heir certificate (for non-furnishing of Aadhaar cards and residential proofs of all legal heirs) are unlawful and arbitrary and liable to be quashed, and whether the 2nd respondent should be directed to issue the legal heir certificate without insisting on those documents. +1 more

Ratio / Principle

It is for the petitioner to furnish a family tree together with the address of every legal heir to the official respondents, viz., the Tahsildar.

Key takeaways

On receipt of the family tree with addresses, the second respondent Tahsildar shall summon the legal heirs and conduct an enquiry with the help of the Village Administrative Officer (VAO) and issue proper legal heir certificate to the petitioner and the other legal heirs.ratio¶24
The aforesaid exercise shall be completed within a period of six months from the date of receipt of a copy of the order.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single judge (C. Saravanan, J.), disposed of a writ petition under Article 226 seeking a certiorarified mandamus against the Tahsildar, Shenkottai (Tenkasi District), who had returned the petitioner's application dated 30.01.2025 for a legal heir certificate for his mother late Esakkiammal (died 06.11.2023) on the ground that the Aadhaar cards of the deceased's husband, daughter and one son were not enclosed and the death certificate recorded an address in Alangulam Taluk. Observing that some legal heirs (the petitioner's siblings) were not coming forward, the Court did not quash the remarks but directed the petitioner to furnish a family tree with the address of every legal heir to the Tahsildar, upon which the Tahsildar shall summon the heirs, conduct an enquiry with the assistance of the Village Administrative Officer (VAO), and issue proper legal heir certificates to the petitioner and the other legal heirs, completing the exercise within six months from receipt of a copy of the order. No costs; connected miscellaneous petition closed.

W.P(MD)No.17117 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P(MD).No.17117 of 2025 and W.M.P(MD)No.12981 of 2025

G.Sudalaimuthu ... Petitioner

Vs.

1.The District Collector, Tenkasi, Tenkasi District. 2.The Tahsildar, Taluk Office, Shenkottai, Tenkasi District. ...Respondents

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 pertaining to the remarks of the 2^nd respondent made in response to the application of the petitioner dated 30.01.2025 and quash the same as unlawful and arbitrary consequently direct the 2^nd respondent to issue legal heir certificate for the mother of the petitioner without insisting to furnish the address proof and Aadhar card other legal heirs of deceased Esakkiammal within the stipulated time.

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

W.P(MD)No.17117 of 2025

For Petitioner : M/s.P.Murugesan For Respondent : M/s.C.Satheesh Government Advocate

ORDER

The petitioner has filed an application for issuance of legal heir certificate on 30.01.2025 for the petitioner's mother late Esakkiammal died 06.11.2023.

2.The said application has been rejected with the following remarks:

“Deceased person husband daughter one of the son adhar card not enclosed. In death certificate address at the time of death noted as in Alangulam Taluk. After submission of relevant residential proofs adhar card of above persons the application may proceeded. Recommended for return. VAO RI recommended the application. Recommended for return.”

3.The learned counsel appearing for the petitioner submits that some of

the legal heirs of the petitioner's deceased mother, who are none other than the petitioner's siblings, are not coming forward and therefore, the petitioner is unable to produce the required document. It is for the petitioner to furnish a

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

W.P(MD)No.17117 of 2025

family tree together with the address of the every legal heirs to the official respondents viz., Tahsildar. On receipt of such document, the second respondent Tahsildar shall summon them and conduct an enquiry with the help of Village Administrative Officer(VAO) and issue proper legal heir certificate to the petitioner and the other legal heirs. The aforesaid exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition stands disposed of. No

costs. Consequently, connected miscellaneous petition is also closed.

25.06.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No Ns To 1.The District Collector, Tenkasi, Tenkasi District. 2.The Tahsildar, Taluk Office, Shenkottai, Tenkasi District.

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W.P(MD)No.17117 of 2025

C.SARAVANAN, J.

Ns

W.P(MD).No.17117 of 2025 and W.M.P(MD)No.12981 of 2025

25.06.2025

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

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