WP No. 35410 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 35410 of 2024 and WMP.No.38520 of 2024 Minor Manoj S/o.Lat J.Devendhiran Rep. by his biological Father J.Manikandan, No.101, School Street, Neganur, Madhurapudhur Village, Gingee Taluk, Villupuram District. ...Petitioner Vs 1.The Tahsildar, Taluk Office, Gingee Taluk, Villupuram District. 2.The Executive Engineer, TANGEDCO, Gingee, Villupuram District. Page No.1/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 3.K.Lakshmi 4.Saraswathi [Respondents 3 and 4 impleaded vide order dated 28.07.2025 made in WMP.No.399 of 2025] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned rejection order dated 27.09.2024 passed in Application No.TN-720240912108 on the file of the 1 st respondent quash the same consequently directing the respondents to issue legal heir certificate of deceased J.Devendhiran by showing the petitioner alone as only adopted son further directing the 2 nd respondent to furnish the certified copy of Register particulars to the petitioner's biological father on behalf of the petitioner within a stipulated period of time as fixed by this Court. For Petitioner: Mr.R.Ezhilarasan For Respondents: Mr.R.Neelakandan, Additional Advocate General assisted by Mr.S.Jayachandran, Government Advocate for R1 Mr.P.Subramanina, Standing Counsel for R2 Page No.2/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 Mr.A.Mohammed Faizal for M/s.A.N.Meenakshi for R3 & R4 ORDER This Writ Petition has been filed challenging the impugned rejection order dated 27.09.2024 passed by the 1 st respondent and for a consequential direction to the 1 st respondent to issue legal heirship certificate by showing the petitioner as the only Class - I legal heir of the deceased Devendiran. 2. Heard Mr.R.Ezhilarasn, learned counsel for the petitioner, Mr.R.Neelakandan, learned Additional Advocate General for the 1 st respondent, Mr.P.Subramanian, learned standing counsel for the 2 nd respondent and Mr.A.Mohammed Faizal, learned counsel for the respondents 3 and 4. 3. The case of the petitioner is that he is the son of Manigandan, who is his biological father. One Jegannathan had four children viz., Manigandan, Devendiran, Lakshmi and Saraswathi. During the life time of Devendiran, he Page No.3/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 adopted the petitioner and he became the adoptive father of the petitioner. The said Devendiran died on 12.08.2024. The petitioner submitted an application before the 1 st respondent seeking for legal heirship certificate on the ground that he was adopted by the said Devendiran through the adoption deed dated 04.05.2022 and therefore, he is the only class - I heir, whose name must be included in the legal heirship certificate and issued to the petitioner. The 1 st respondent has rejected the application on the ground that the same was objected by the other siblings. Aggrieved by the same, the present Writ Petition filed before this Court. 4. The main dispute that was raised by the impleaded 3 rd and 4 th respondents is that there was no valid adoption of the petitioner and that Devendiran was unmarried and he died leaving behind the petitioner's biological father Manigandan and impleaded 3 rd and 4 th respondents, who are the sisters and therefore there are only Class - II legal heirs, who were left behind by Devendiran. Apart from that, the impleaded 3 rd and 4 th respondents Page No.4/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 have also challenged the adoption deed and filed a suit before the competent civil Court. 5. The learned Additional Advocate General appearing on behalf of the 1 st respondent submitted that the impleaded 3 rd and 4 th respondents questioned the claim of adoption made by the petitioner and since the same cannot be decided by the Tahsildar, the application submitted by the petitioner was rejected. 6. In the considered view of this Court, the dispute regarding the adoption of the petitioner cannot be decided by the Tahsildar. The Tahsildar while issuing the legal heirship certificate merely records the relationship between the parties. As of now, what is evident is that Devindiran died leaving behind the petitioner's father who is the brother and the 3 rd and 4 th respondents who are the sisters. All the three are Class - II legal heirs. To this limited extent, the legal heirship certificate can be issued by the 1 st respondent. Since there is a dispute regarding the adoption of the petitioner, the same has to be adjudicated before Page No.5/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 the competent civil Court and the parties will be bound by the findings of the civil Court in this regard. Ultimately when the civil Court deals with this issue, the legal heirship certificate issued by the 1 st respondent will have no bearing. Except giving this clarity, no further orders can be passed in this Writ Petition. 7. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 28-07-2025 dsa Index :Yes/No Internet :Yes Neutral Citation :Yes/No Speaking/Non-speaking order Page No.6/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 To 1.The Tahsildar, Taluk Office, Gingee Taluk, Villupuram District. 2.The Executive Engineer, TANGEDCO, Gingee, Villupuram District. Page No.7/8 https://www.mhc.tn.gov.in/judis WP No. 35410 of 2024 N.ANAND VENKATESH J. dsa WP No. 35410 of 2024 28-07-2025 Page No.8/8 https://www.mhc.tn.gov.in/judis