V.Balakrishnan Vs The Revenue Divisional Officer

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to issue legal heir certificate of petitioner's father Varadhan @ Varadharajan who found missing from the year 1985 after conducting a detailed field enquiry based on petitioner's representation dated 01.09.2025 in the light of the order passed in WP.(MD).No.5252 of 2024 dated 14.06.2024.

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For Petitioner : Mr.N.Ananda Kumar

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For Respondents : Mrs.S.Jeyapriya Govt. Advocate

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

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W.P(MD)No.25783 of 2025

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ORDER

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The writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to issue a legal heir certificate in respect of the petitioner’s father, Varadhan @ Varadharajan, who has been missing since the year 1985, after conducting a detailed field enquiry on the basis of the petitioner’s representation dated 01.09.2025, in the light of the order passed in W.P.(MD) No.5252 of 2024 dated 14.06.2024.

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The petitioner contends that his father, Varadhan @ Varadharajan, has been missing for nearly four decades. A representation seeking issuance of a legal heir certificate was submitted to the respondents on 01.09.2025. Despite the long lapse of time and the settled legal position that a person not heard of for more than seven years may be presumed dead, the respondents have neither conducted the required field enquiry nor taken steps to issue the certificate. The petitioner therefore seeks appropriate directions from this Court.

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The learned Government Advocate appearing for the respondents submits that the petitioner’s representation will be duly considered in accordance with law. It is stated that a detailed field enquiry is necessary to verify the factual aspects, including the circumstances under which the petitioner's father was last seen and the details regarding his employment at

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

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W.P(MD)No.25783 of 2025

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Ponmalai General Workshop, Trichy. The respondents express readiness to proceed upon such enquiry.

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Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. Perused the records.

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The petitioner has been continuously pursuing the matter, and the representation dated 01.09.2025 remains pending. In view of the long duration of disappearance since 1985, the competent authorities are required to conduct a proper field enquiry and thereafter consider the request in accordance with law and in line with the earlier order passed by this Court in W.P.(MD)No.5252 of 2024.

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Accordingly, the first respondent is directed to consider the petitioner’s representation dated 01.09.2025 seeking issuance of a legal heir certificate in respect of his father, Varadhan @ Varadharajan. Before doing so, the second respondent shall conduct a detailed field enquiry with persons who have had regular contact with the family of the petitioner and also at the place of employment of the petitioner's father, namely Ponmalai General Workshop, Trichy. Upon receipt of the enquiry report, the first respondent shall pass appropriate orders. If on enquiry it is established that the petitioner’s father has been missing for more than seven years, the first respondent shall issue the legal heir certificate as requested by the

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

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W.P(MD)No.25783 of 2025

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petitioner. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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