Madras High Court
Jeyalakshmi vs The District Collector on 13 May, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.14134 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.05.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.14134 of 2026
and
WMP (MD) Nos.10551 and 10552 of 2026
Jeyalakshmi ... Petitioner(s)
Vs.
1. The District Collector,
Madurai District,
Madurai.
2. The District Revenue Officer,
Madurai District,
Madurai.
3. The Revenue Divisional Officer,
Madurai Division,
Madurai District.
4. The Tahsildar,
Madurai North,
Madurai District.
5. Raja Selvaraj
6. Karmegam ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.14134 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records relating to
the impugned order passed by the 3rd respondent in Moo.Mu. No.E.
3830959/2025/F dated 07.05.2026 and quash the same as illegal and pass such
further or other orders as this Honble Court may deem fit and proper in the
circumstances of the case and thus render justice.
For Petitioner : Mr.K.Suyambulingabharathi
For Respondents : Mr.D.Gandhiraj
Special Government Pleader
for R1 to R4
ORDER
The writ petition has been filed challenging the order passed by the third respondent dated 07.05.2026, thereby cancelling the legal heirship certificate issued in favour of the petitioner on the instance of the fifth respondent herein.
2. The petitioner got married to one Sakkarai and gave birth to four children. Her father died on 12.12.1963, leaving behind the petitioner and seven other persons as his legal heirs. During his lifetime, he took care of his legal heirs. After his demise, all the legal heirs are in possession and enjoyment of the 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14134 of 2026 properties belonging to their father. In fact, on the basis of the legal heirship certificate, all the legal heirs had executed sale deeds in favour of third parties. While being so, the petitioner submitted an application in the year 2023 seeking the legal heirship certificate of the petitioner's father along with necessary documents. After conducting inquiry and verification of all relevant documents, the fourth respondent granted the legal heirship certificate of their father dated 03.04.2023 in favour of the legal heirs. While being so, the fifth respondent herein, who is the son of the petitioner's brother, filed a petition before the third respondent to cancel the legal heirship certificate dated 03.04.2023. It is further alleged that the petitioner is not a daughter of their father, Late Sannasi Samban. On receipt of the said application, the fifth respondent added the legal heirs except the petitioner. Thereafter, the third respondent without ordering any notice to the petitioner, who is one of the legal heirs as per the legal heirship certificate dated 03.04.2023 and without conducting proper inquiry, cancelled the legal heirship certificate dated 03.04.2023.
3. The only ground raised by the petitioner is that neither the petitioner was served with any notice nor she was given any opportunity of hearing before the third respondent while cancelling the legal heirship certificate dated 03.04.2023.
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4. Mr.D.Gandhiraj, learned Special Government Pleader, on instructions, submitted that the petitioner was not added as a party in the cancellation of legal heirship certificate proceedings and as such, no notice was served on the petitioner.
5. On perusal of the legal heirship certificate dated 03.04.2023, it is seen that the petitioner is also one of the legal heirs of deceased Sannasi Samban. Therefore, the petitioner is a necessary party to be added in the legal heirship certificate proceedings and she must be heard and given an opportunity of hearing. Admittedly, the petitioner was not a party to the said proceedings and she was not served with any notice, nor she was given an opportunity of hearing. Therefore, on this sole ground, the order impugned in this writ petition is liable to be set aside.
6. Accordingly, the impugned order dated 07.05.2026 passed by the third respondent is hereby set aside. The third respondent is directed to add the petitioner as one of the parties in the application submitted by the fifth respondent to cancel the legal heirship certificate dated 03.04.2023, issue notice to the petitioner, give an opportunity of hearing and thereafter pass orders on 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14134 of 2026 merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed.
13.05.2026
Index :Yes/No
Internet :Yes/No
PKN
To: -
1. The District Collector,
Madurai District,
Madurai.
2. The District Revenue Officer,
Madurai District,
Madurai.
3. The Revenue Divisional Officer,
Madurai Division,
Madurai District.
4. The Tahsildar,
Madurai North,
Madurai District.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.14134 of 2026
G.K. ILANTHIRAIYAN, J.
PKN
W.P(MD)No.14134 of 2026
13.05.2026
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https://www.mhc.tn.gov.in/judis