K.Priya vs The District Collector on 3 August, 2023

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Madras High Court

K.Priya vs The District Collector on 3 August, 2023

Bench: N.Seshasayee

                                                                            W.P.No.22849 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 03.08.2023

                                     CORAM: JUSTICE N.SESHASAYEE

                                                 WP.No.22849 of 2023

                     K.Priya                                                    ...Petitioner

                                                         -Vs-

                     1.The District Collector,
                       Collectorate Offices,
                       Chengalpet District.

                     2.The Tahsildhar,
                       Office of Tahsildar,
                       CheyyurTaluk,
                       Chengalpattu District.                                 ...Respondents

                     Prayer: Writ Petition is filed under Article 226 of Constitution of India,
                     to issue a Writ of Certiorarified Mandamus, calling for the records
                     connected with the impugned order passed by the 2nd respondent in
                     Na.Ka.No.1772/2023/A4 dated 13.04.2023 and quash the same and
                     consequently direct the 2nd respondent to issue a legal heirship certificate
                     of deceased Kumaravel in favour of petitioner.


                                        For Petitioner       : Mr.S.Sankara Narayana Pandian
                                        For R1 & R2          : Mr.A.Anandan,
                                                               Government Advocate



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https://www.mhc.tn.gov.in/judis
                                                                           W.P.No.22849 of 2023

                                                       ORDER

The petitioner claims that she is the wife of Late.Kumaravel and that she applied for a legal heir certificate to the second respondent. The second respondent has rejected it on the ground that since Kumaravel had two wives, it is to be resolved by the civil Court.

2.Mr.A.Anandan, learned Government Advocate takes notice for the respondents 1 and 2.

3.The Hon'ble Full Bench of this Court in P.Venkatachalam Vs. The Tahsildar and batch of cases reported in W.P.Nos.25247 of 2021 dated 17.06.2022 has made it clear that a legal heir certificate issued by the Tahsildar only will establish the relationship and does not ensure any legal effect of such relationship as it depends on the personal law of the parties.

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https://www.mhc.tn.gov.in/judis W.P.No.22849 of 2023

4.After hearing both side, this Court deems it appropriate to set aside the impugned order of the second respondent and remands the matter back to the second respondent for a de novo consideration of the matter.

5.The Writ Petition is disposed of accordingly. No costs.

03.08.2023 Index : Yes/No Internet : Yes/No Tsg To

1.The District Collector, Collectorate Offices, Chengalpet District.

2.The Tahsildhar, Office of Tahsildar, CheyyurTaluk, Chengalpattu District.

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https://www.mhc.tn.gov.in/judis W.P.No.22849 of 2023 N.SESHASAYEE, J., Tsg Order made in W.P.No.22849 of 2023 03.08.2023 4/4 https://www.mhc.tn.gov.in/judis

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