BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.31627 of 2025 Shyni .. Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3.The Tahsidlar, Taluk Office, Kayathar Taluk, Thoothukudi District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent herein to comply the order of the civil Court decree in O.S.No.355 of 2022 on the file of the Principal District Munsif Court, Kovilpatti within a time frame fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.C.Rathnavelpandian For Respondents : Mr.D.Sasikumar Additional Government Pleader ORDER The writ petition has been filed seeking the issue of a mandamus directing the third respondent to comply with the decree made in O.S.No.355 of 2022 dated 17.03.2025 on the file of the Principal District Munsif Court, Kovilpatti. 2. Heard the arguments of the learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who takes notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3. The contention of the petitioner is that she had married one Madasamy on 01.09.2013 and out of wedlock, a daughter was born to her on 21.08.2014. Her husband's parents are Muthusamy and Shanmugakani. The petitioner's husband passed away on 23.07.2018 and she had obtained legal heirs certificate showing her mother-in-law, daughter and herself as the legal heirs of her late husband. Her husband was the only child for her in-laws. Her father-in-law, Muthusamy, had predeceased her husband on 23.03.2017. 2/6 https://www.mhc.tn.gov.in/judis 4. The petitioner would submit that her mother-in-law had obtained a legal heirs certificate in respect of her late father-in-law, Muthusamy, showing his mother, Ammamuthu and wife (petitioner's mother-in-law) as the legal heirs and excluded the petitioner's husband. When she had made an application for issuance of legal heirship certificate of her father-in-law, the same was rejected stating that her mother-in-law had already obtained a legal heirs certificate. This constrained the petitioner to file a suit in O.S.No.355 of 2022 on the file of the Principal District Munsif Court, Kovilpatti, seeking declaration that the legal heirship certificate issued by the third respondent on 24.09.2021 in respect of her father-in-law is null and void and for a mandatory injunction to declare her husband as one of the legal heir and further injunction to issue a legal heirship certificate including her husband's name. After trial, the suit was decreed. Despite a mandatory injunction being issued, the third respondent failed to comply with the decree. Therefore, the petitioner is come forward with the writ in question. 5. The learned Additional Government Pleader produced a communication issued by the Tahsildar, Kayathar, who is the third respondent herein, that the petitioner should submit online application and on such online application is being made, the same would be complied with. 3/6 https://www.mhc.tn.gov.in/judis 6. The response of the third respondent, particularly, when there is a decree against him, is totally an irresponsible statement. The suit in O.S.No. 355 of 2022 has been decreed as follows: “1)1k; gpujpthjp 23.03.2017 md;W ,we;JNghd Kj;Jrhkpf;F 24.09.2021 md;W rhd;wpjo; vz;.TN-720210825899gb toq;fpa thhpR rhd;wpjo; nry;yhJ kw;Wk; ,y;yh epiyaJ vd; tpsk;Gif nra;J cj;jutplg;gLfpwJ. 2)23.03.2017 md;W ,we;JNghd Kj;Jrhkpf;F mtuJ ,we;j ngw;Nwhh; fUg;grhkp-mk;kKj;J> rz;Kffdp> khlrhkp MfpNahh;fs; kl;Lk; thhpRfs; vd tpsk;Gif nra;J cj;jutplg;gLfpwJ. 3),we;JNghd Kj;Jrhkpf;F mtuJ ,we;j ngw;Nwhh; fUg;grhkp- mk;kKj;J> kidtp rz;Kffdp> kfd; khlrhkp (,wg;G) MfpNahh;fs; kl;Lk; thhpRfs; vd;W thhpR rhd;wpjo; toq;f xU nraYWj;Jf;fl;lis thpfhuk; gpwg;gpf;fg;gll;L ,t;tof;fhdJ mDkjpj;J cj;jutplg;gLfpwJ. 4) nryTj;njhif ,y;iy." 7. Therefore, there is a mandatory injunction directing the third respondent to show the following persons as the legal representatives of the deceased Muthusamy: (a)Karuppasamy (father), (b)Ammamuthu(mother), (c)Shanmugakani(wife) 4/6 https://www.mhc.tn.gov.in/judis (d) Late. Madasamy (son) 8. In the light of the decree made in O.S.No.355 of 2022, the Writ Petition is allowed and the mandamus is issued to the third respondent to forthwith issue a legal heirship certificate to the petitioner as directed in clause 3 of the decree in O.S.No.355 of 2022 dated 17.03.2025 on the file of the Principal District Munsif, Kovilpatti. No costs. 9. Post the matter on 28.11.2025 'for reporting compliance'. 06.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3.The Tahsidlar, Taluk Office, Kayathar Taluk, 5/6 https://www.mhc.tn.gov.in/judis Thoothukudi District. P.T.ASHA, J. Rmk Writ Petition(MD)No.31627 of 2025 06.11.2025 6/6 https://www.mhc.tn.gov.in/judis