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A. Kaliyammal v. The District Collector

Certiorarified Mandamus – Legal heir certificate

Madras HC24 Jan 2025WP(MD)/1979/2025

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Case brief

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What is this about?

Madras High Court (Madurai Bench), W.P.(MD)No.1979 of 2025, decided 24.01.2025 by L. Victoria Gowri J. Legal heir certificate; two wives; rejection by Tahsildar, Theni quashed; offline application direction; mandamus under Article 226; District Collector and Tahsildar, Theni District; four-week compliance timeline; no costs.

What did the court decide?

Impugned rejection order quashed; petitioner directed to apply offline with all necessary documents; respondents directed to issue legal heir certificate incorporating the petitioner's name and the deceased's children through both wives within four weeks; no costs; connected miscellaneous petition (W.M.P.(MD)No.1396 of 2025) closed. ¶27

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

What the court decided

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Outcome

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Issue for consideration

Whether the rejection of the petitioner's application for a legal heir certificate covering the children of the deceased through both wives was sustainable, and whether the 2nd respondent ought to be directed to issue such certificate.

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Court's answer

The impugned rejection order dated 21.02.2024 passed by the 2nd respondent is quashed.

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Ratio / Principle

The petitioner is directed to submit an application with all necessary documents in offline mode, since the online portal does not accommodate cases of persons having two wives.

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Key takeaways

On receipt of the offline application, the respondents are directed to issue a legal heir certificate incorporating the petitioner's name and the deceased Ayyachamy's children through both wives, within four weeks from receipt of a copy of the order.ratio¶27

Detailed headnote1 paragraphs

Certiorarified Mandamus - Legal heir certificate - Petitioner, first wife of deceased Ayyachamy (died 20.08.2023), sought certificate incorporating his five children through her and one child through second wife Neelavathi; Tahsildar, Theni rejected the application on 21.02.2024 - Government Advocate submitted the online portal lacks facility for cases of persons having two wives and suggested offline application - Rejection order quashed; petitioner directed to apply offline with all necessary documents; respondents directed to issue legal heir certificate incorporating petitioner's name and the deceased's children through both wives within four weeks of receipt of copy of order - Writ petition allowed, no costs, connected miscellaneous petition closed.

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W.P.(MD)No.1979 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 24.01.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.1979 of 2025 and

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W.M.P.(MD)No.1396 of 2025

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A.Kaliyammal ... Petitioner

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Vs.

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1.The District Collector, O/o. Collectorate, Theni District.

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2.The Tahsildar, O/o. Tahsildar, Theni. ... Respondents

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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 rejection order on the petitioner's application for issuance of legal heir certificate of petitioner's deceased husband, namely, Ayyachamy, in Oo.Mu.No. 8983/2023/A13 dated 21.02.2024, passed by the 2nd respondent and to quash the same and to direct the 2nd respondent to issue legal heir certificate to the petitioner.

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For Petitioner : Mr.S.Ramanathan For Respondents : Mr.D.S.Neduncheliyan Government Advocate

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ORDER

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Challenging the rejection order of the petitioner's application for legal

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1/4

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

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W.P.(MD)No.1979 of 2025

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heir certificate dated 21.02.2024, this Writ Petition is filed.

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2 .Heard the learned counsels on either side and carefully perused the

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entire materials available on record.

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3.The petitioner is the wife of one late Ayyachamy, who passed away on 20.08.2023. He possessed two wives including the petitioner. The petitioner is the first wife of the deceased Ayyachamy. However, the deceased Ayyachamy was blessed with five children, namely, Meenambal, Pappathiyammal, Saraswathi, Murugesan and Srinivasan through the petitioner and yet another girl child Jaya through his second wife, Neelavathi. However, Neelavathi had later separated from the petitioner and the child had been taken care by herself. In view of the same, the petitioner required the respondents to grant legal heir certificate, incorporating the children of both the wives. On the said grounds, the application of the grant of legal heir certificate is rejected. Hence, the Writ Petition is filed.

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4.The learned Government Advocate appearing for the respondents submitted that there is an online portal facility for making application for grant of legal heir certificate and the portal do not have facility to accept the application in the cases of persons having two wives. The petitioner may be directed to apply an application in the offline application and the same will be appreciated.

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https://www.mhc.tn.gov.in/judis 2/4

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W.P.(MD)No.1979 of 2025

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5.Recording the said submission, the impugned order is hereby

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quashed and this Court hereby direct the petitioner to apply an application with all necessary documents in offline mode. On receipt of the same, the respondents are directed to issue legal heir certificate, incorporating the petitioner's name as well as the deceased Ayyachamy's children through both the wives within a period of four weeks from the date of receipt of copy of this order. Hence, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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24.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes Mrn

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