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R.Sundari v. The District Collector

Madras HC5 Jan 2026WP/50503/2025

Case brief

AI extract

What is this about?

Legal heir certificate rejection - second wife married after first wife's death - clause I B (ii) - GO.Ms.No.110 dated 13.03.2024 - WP.No.25247 of 2021 - Tahsildar Arcot Taluk - District Collector Ranipet - Application No.TN-720251121115 dated 22.11.2025 - death of S.Pandiyan 17.08.2025 - petitioner R.Sundari - remarriage after demise of legally wedded wife - Madras High Court W.P. No. 50503 of 2025 - P.T. Asha J - certificate to be issued within 4 weeks - writ allowed.

What did the court decide?

Respondents directed to issue legal heir certificate to the petitioner within 4 weeks from the date of receipt of a copy of the order; connected miscellaneous petition closed; no costs. ¶46

R.Sundari Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Respondents directed to issue legal heir certificate to the petitioner within 4 weeks from the date of receipt of a copy of the order; connected miscellaneous petition closed; no costs.

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Issue for consideration

Whether the online rejection by the 2nd respondent of the petitioner's application for a legal heir certificate on the death of her husband S.Pandiyan (Application No.TN-720251121115, dated 22.11.2025) was erroneous, the petitioner having married the deceased after the demise of his first wife and claiming coverage under clause I B (ii) of GO.Ms.No.110 dated 13.03.2024.

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Court's answer

The petitioner, having married the deceased S.Pandiyan after the demise of his first wife and not during its subsistence, squarely falls within clause I B (ii) of GO.Ms.No.110 dated 13.03.2024.

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Ratio / Principle

The rejection of the petitioner's request for a legal heir certificate is erroneous.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (single judge: Hon'ble Ms. Justice P.T. Asha) | W.P. No. 50503 of 2025 & W.M.P. No. 56558 of 2025 | Decided 05.01.2026 | R.Sundari v. (1) The District Collector, Ranipet District; (2) The Tahsildar, Arcot Taluk. Legal heir certificate - Writ petition (S. 226, Constitution of India) against online rejection by the 2nd respondent of Application No.TN-720251121115 dated 22.11.2025 for a legal heir certificate on the death of the petitioner's husband S.Pandiyan (d. 17.08.2025). Petitioner, the second wife, had married the deceased on 21.01.2009 after the demise of his first wife P.Gandhimadhi (d. 13.01.2008) and not during the subsistence of that marriage. Held: the petitioner squarely falls within clause I B (ii) of GO.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, RA-3 (2) Section, dated 13.03.2024 - issued in pursuance of this Court's order in WP.No.25247 of 2021 amending clause 2 to cover cases of remarriage after the demise of the legally wedded wife or after divorce - and therefore the rejection is erroneous. Writ petition allowed; respondents directed to issue the legal heir certificate within 4 weeks; connected miscellaneous petition closed; no costs.

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W.P.No.50503 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 05.01.2026

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.P.No. 50503 of 2025

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W.M.P.No. 56558 of 2025

R.Sundari

...petitioner

Vs.

The District Collector, Ranipet District, Bharathi Nagar, Ranipet 632 403.

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2.The Tahsildar Arcot Taluk, Kalavai Road, Ranipet District 632 503 ...respondents

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Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for entire records pertaining to online rejection order of legal heir certificate in

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

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W.P.No.50503 of 2025

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Application No.TN-720251121115, dated 22.11.2025 passed by the 2^nd respondent and quash the same as illegal, violative and against the procedures of issuance of clause 1 legal heir and consequently direct the 2^nd respondent to issue legal heir certificate and the death of S.Pandiyan.

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For petitioner : Mrs. U.Santhana Lakshmi For respondents : Mr. R.Neelakandan Additional Advocate General

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Assisted by Mr. Yogesh Kannadasan Special Government Pleader

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O R D E R

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This writ petition is filed for the following relief:

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“To call for the entire records pertaining to online

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rejection order of legal heir certificate in Application No.TN-720251121115, dated 22.11.2025 passed by the 2^nd

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respondent and quash the same as illegal, violative and against the procedures of issuance of clause 1 legal heir ship certificate and consequently direct the 2^nd respondent

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

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to issue legal heir certificate on the death of S.Pandiyan.”

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The Petitioner's husband was earlier married to one P.Gandhimadhi on 14.06.1981 and they had two children. The said P.Gandhimadhi died on 13.01.2008. After the death of his first wife, the petitioner’s husband S.Pandiyan married the petitioner herein on 21.01.2009 and they have one male child, namely, P.Perarasu.

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The petitioner would submit that her husband was working as a

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Conductor at Tamil Nadu State Transport Corporation, Thiruvannamalai Region. The petitioner’s husband retired from service on 30.04.2015 and received all terminal benefits. The case of the petitioner is that her husband died on 17.08.2025 and she had applied for grant of legal heir certificate. However, the 2^nd respondent had rejected the same. Therefore, the petitioner is before this Court.

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Heard the rival submissions on the either side and perused the

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records.

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W.P.No.50503 of 2025

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The petitioner is aggrieved by the fact that the rejection of request suffers from total non application of mind. The petitioner had married the deceased Pandiyan, after the demise of his first wife and not during the subsistence of the same. Further, the Government in GO.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, RA-3 (2) Section, dated 13.03.2024, in pursuance of the order of this Court in WP.No.25247 of 2021 had amended the clause 2 therein, by stating that in case of death of a person who had remarried, after the demise of legally wedded wife or after divorce granted by competent Court, then the legal heir certificate should be issued to the children of pre-deceased / legally divorced wife and the existing spouse of the deceased etc.,

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The petitioner squarely falls within clause I B (ii), which reads as follows:

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names of the spouses, if more than one spouse, if

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permissible under relevant Personal Law)”

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W.P.No.50503 of 2025

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Therefore, the rejection is erroneous. Consequently, this writ

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petition is allowed and the respondents are directed to issue legal heir certificate to the petitioner, within a period of 4 weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.

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05.01.2026

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Index : Yes/No Internet : Yes/No

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kan

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W.P.No.50503 of 2025