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2025 DAILYLAW 33313 (MAD)

S.UMA v. THE TAHSILDAR

WP/8629/2025 · 2025-03-13

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.8629 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:13.03.2025 Coram: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8629 of 2025 S. Uma, W/o Late. Mr. P.V. Sundara Raman, RBI, Revathi Block, Tarangini Complex, Alacrity Flats,West Mogappair, Ambattur Industrial Estate, Chennai - 600058. .. Petitioner /versus/ 1.The Tahsildar, Ambattur Taluk Office, Tiruvallur High Road, Ambattur, Chennai – 600053. 2.The Revenue Inspector, Ambattur Taluk Office, Tiruvallur High Road, Ambattur, Chennai - 600053. .. Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.8629 of 2025 This writ petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to complete the processing of the petitioner's application for issuance of legal heirship certificate of deceased Mr.Viswanathan in Application No.TN- 720241224694 dated 24.12.2024 within the time stipulated by this Hon'ble Court. For Petitioner :Mr.A.Swaminathan For Respondents :Mr.R.Neelakandan, AAG-VIII, Assist.by Dr.S.Suriya, AGP for R1 and R2 ORDER This writ petition is filed to issue a Writ of Mandamus to direct the respondents to complete the processing of the petitioner’s application for issuance of legal heirship certificate of the petitioner’s father-inlaw the deceased Mr.Viswanathan in Application No.TN-720241224694 dated 24.12.2024. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.8629 of 2025 2.When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner would submit that the petitioner is the wife of the pre-deceased son and she has two children. Therefore, they must also be mentioned and the legalheir certificate should be issued. In any event, the certificate mentioning the legal heirship should be issued. 3. When the matter came up for hearing, the Learned Additional Advocate General appearing on behalf the respondents 1 and 2, on the basis of the written instructions, would submit that even though the petitioner may be a class I legal hair, as per Hindu Succession Act, presently the legalheirship certificate are meant to be the relationship certificate which is issued as per the Government Order and the portal itself is designed only as per the Government Order and therefore, there is no provision to include the petitioner and as such to issue the legalheirship certificate. 4. It can be seen that even as per the representation of the 3/6 https://www.mhc.tn.gov.in/judis W.P.No.8629 of 2025 respondents, the daughter of the said Viswanathan is alive. The petitioner’s husband by name P.V.Sundara Raman is the pre-deceased son. Therefore, the respondents can conduct an enquiry and issue the legalheirship certificate by mentioning the daughter's name and also the name of the petitioner husband. P.V.Sundara Raman as the predeceased son. This will take care of the interest of the petitioner to claim any share in the property. The said exercise shall be completed in the said application, which is made by the petitioner dated 24.12.2024, within a period of 12 weeks from the date of receipt of the web copy of the order. 5. The application of the petitioner cannot be rejected on the mere ground that the application is not compatible as per the portal. The same application can also be resubmitted in the physical form and the respondents shall consider. There may be a situation like this, where strictly the application by a person not contemplated by the portal will also apply in which case, a miscellaneous clause shall also be provided in the portal. Considering the practical experience, periodically the authorities shall have 4/6 https://www.mhc.tn.gov.in/judis W.P.No.8629 of 2025 meeting with the person, providing the technical support and accordingly, the portal should be kept on improving. 6.With the above observations, this Writ Petition is disposed of. No costs. 13.03.2025 Netural citation:no ari To: 1.The Tahsildar, Ambattur Taluk Office, Tiruvallur High Road, Ambattur, Chennai – 600053. 2.The Revenue Inspector, Ambattur Taluk Office, Tiruvallur High Road, Ambattur, Chennai - 600053. D.BHARATHA CHAKRAVARTHY,J. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.8629 of 2025 ari W.P.No.8629 of 2025 13.03.2025 6/6 https://www.mhc.tn.gov.in/judis