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2026 DAILYLAW 1976 (MAD)

E.KALPANA v. The District Collector

WP/12589/2026 · 2026-04-01

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 12589 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 12589 of 2026 E.Kalpana D/o Late. K. Ethiraj No 12/34, Venkateshwara colony, 8th Street, Kodungaiyur, Chennai 600118 ..Petitioner(s) Vs 1. The District Collector The District Collector office, Singaravelan Maligai, Rajaji Salai, Chennai 600001 2. The Revenue Divisional officer Office of the District REvenue officer, Singaravelalan Maligai, Rajaji Salai Chennai 600 001 3. The Tashildar Perambur Taluk, Perambur, Chennai 600 011 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent made in Na.Ka. No. E2 /3177/2025, Dated 23.10.2025 and quash the same as illegal and direct the Respondents to issue Legal Heir certificate to the petitioner made in E-Seva Application No TN -720241228512 dated 28.12.2024. For Petitioner(s): Ms. Swetha.S For Respondent(s): Mr.A.Selvendran, SGP https://www.mhc.tn.gov.in/judis WP No. 12589 of 2026 __________ Page2 of 6 ORDER The order passed by the third respondent in Na.Ka. No. E2 /3177/2025, dated 23.10.2025, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the respondents to issue a Legal Heir Certificate to the petitioner made in E-Seva Application No.TN -720241228512 dated 28.12.2024. 2. Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself. 3. The learned counsel for the petitioner submitted that the petitioner’s father deceased K.Ethiraj has two wives namely, Dhanalakshmi & Nirmala, who is none other than the sister of Dhanalakshmi and was blessed with two daughters for the first wife and a son for the second wife. He further submitted that the petitioner’s mother Dhanalakshmi is the first wife and after her father’s demise, she applied for a legal heir certificate on 28.12.2024 for her family members along with his step brother’s name as legal heirs of the deceased, however, the same was rejected, for which she filed a petition in W.P.No.34489 of 2025, wherein this Court on 12.09.2025 had directed the third respondent to consider her representation and thereafter, after conducting enquiry, the present https://www.mhc.tn.gov.in/judis WP No. 12589 of 2026 __________ Page3 of 6 impugned order of rejection has been passed by the third respondent on 23.10.2025 on the ground that the petitioner’s father has two wives and a legal heir certificate cannot be granted for two family members of the deceased. He also contended that the second marriage of the deceased cannot deprive the rights of the legal heirs of the deceased namely, Dhanalakshmi, her daughters and second wife’s son and thus, prayed for appropriate orders. 4. Per contra, the learned Special Government Pleader submitted that the order impugned in this Writ Petition may be set aside and there may be a direction to the third respondent to issue a legal heir certificate to the eligible heirs of the deceased, within a reasonable time. 5. On perusal of the records shows that the petitioner’s mother is the first wife of the deceased and the petitioner has rightly made the application for the rightful legal heirs namely, the deceased first wife Dhanalakshmi and her daughters namely, Kalpana & Shobana and the second wife’s son Yuvaraj and also that the second wife Nirmala is none other than the sister of Dhanalakshmi. In this backdrop, the rejection of the legal heir certificate application of the petitioner is legally unsustainable and the impugned order of the third respondent is liable to the set aside. https://www.mhc.tn.gov.in/judis WP No. 12589 of 2026 __________ Page4 of 6 6. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, the impugned order of rejection passed by the third respondent dated 23.10.2025, is hereby set aside. Consequently, the third respondent is directed to issue a legal heir certificate to the eligible legal heirs of the deceased Ethiraj by considering the application of the petitioner dated 28.12.2024, on or before 16.04.2026. 7. With the above directions, the Writ Petition stands allowed. There shall be no order as to costs. 8. Registry is directed to list the matter “for reporting compliance” on 16.04.2026. 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP https://www.mhc.tn.gov.in/judis WP No. 12589 of 2026 __________ Page5 of 6 To 1. The District Collector The District Collector office, Singaravelan Maligai, Rajaji Salai, Chennai 600001 2. The Revenue Divisional officer Office of the District REvenue officer, Singaravelalan Maligai, Rajaji Salai Chennai 600 001 3. The Tashildar Perambur Taluk, Perambur, Chennai 600 011 https://www.mhc.tn.gov.in/judis WP No. 12589 of 2026 __________ Page6 of 6 M.DHANDAPANI, J. DP WP No. 12589 of 2026 01-04-2026 https://www.mhc.tn.gov.in/judis