W.P.No.31674 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.31674 of 2023 M.Nirmala .. Petitioner Versus 1. The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001. 2. The Tahsildar, Tondiarpet Taluk, Tondiarpet, Chennai - 600 081. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order of rejection passed by the 2nd respondent vide his proceedings in Na.Ka.No.A1/1329/2023, dated --- .09.2023 signed on 05.09.2023 and quash the same and consequently, direct the 2nd respondent to issue Legal Heirship Certificate in favour of the petitioner and her sisters, certifying them as Class-II Legal Heirs of the 1/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 deceased M.Omprakasam and M.Revathy. For Petitioners : Mr.K.Premkumar For Respondents : Mr.R.Neelakandan, Additional Advocate General-VIII, Assisted by Dr.S.Suriya, Additional Government Pleader ORDER This Writ Petition is filed challenging the impugned order, dated -- .09.2023, signed on 05.09.2023. By the impugned order, the application, that was made by the petitioner for issue of Legal Heirship Certificate, stood rejected. 2. Upon hearing the learned Counsel for the petitioner and the learned Additional Advocate General for the respondents, it may be seen that one M.Omprakasam is the brother of the petitioner. He died on 19.01.2009. He was married to one Revathy. They did not have any children. The said Revathy also died on 10.05.2023. Therefore, in respect of both of them, when the petitioner sought for Legal Heirship Certificate, the same stands 2/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 rejected. 3. The entire question as to issue of Legal Heirship Certificate, after the Full Bench judgment of this Court in W.P.No.25247 of 2021 etc., is governed by the guidelines that are issued by the Government in G.O.Ms.No.478, dated 29.09.2022 and thereafter, G.O.Ms.No.110, dated 13.03.2024. As per G.O.Ms.No.110, if both the spouses died without children, names of the siblings of the deceased can also be mentioned in the Legal Heirship Certificate. In view thereof, the Legal Heirship Certificate should not have been totally rejected by the respondents. 4. As a matter of fact, when the said M.Omprakasam died on 19.01.2009, M.Revathy was the legal heir, being the spouse. Accordingly, a Legal Heirship Certificate could have been issued. Subsequently, when the said M.Revathy died, as per Section 15 of the Hindu Succession Act, the legal heirs of the husband, are next in line to succeed, especially, when there 3/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 are no husband and children, in respect of the said M.Revathy. Accordingly, the issue has to be considered and Legal Heirship Certificate has to be issued. 5. In view thereof, this Writ Petition is allowed on the following terms:- (i) The impugned proceedings of the second respondent in Na.Ka.No.A1/1329/2023, dated.---.09.2023, signed on 05.09.2023 shall stand set aside; (ii) The second respondent shall consider issuing Legal Heriship Certificate in respect of the said M.Omprakasam and M.Revathy as stated above; (iii) Needless to mention that the petitioner and any other interested person, shall also heard and final orders be passed within a period of 12 weeks from the date of receipt of a web-copy of this order without waiting for a certified copy of this order; 4/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 (iv) There shall be no order as to costs. 21.04.2025 Neutral Citation : no grs To 1. The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001. 2. The Tahsildar, Tondiarpet Taluk, Tondiarpet, Chennai - 600 081. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 D.BHARATHA CHAKRAVARTHY, J. grs W.P.No.31674 of 2023 6/7 https://www.mhc.tn.gov.in/judis W.P.No.31674 of 2023 21.04.2025 7/7 https://www.mhc.tn.gov.in/judis