Ap Nirupama vs the Tahsildar

Ap Nirupama vs The Tahsildar

Type Court Judgment Court Chennai Decided Jul 28, 2025

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Citation: sooperkanoon.com/1769448
Court: Chennai High Court
Judge: Honourable Mr Justice N. Anand Venkatesh
Decided On: Jul 28, 2025
Case Number: WP/5472/2025

Parties & Advocates

Appellant / Petitioner

Ap Nirupama

Respondent

The Tahsildar

Excerpt

.....deceased husband c.suresh in the legal heirship certificate.for petitioner(s): m/s. p sesubalan raja for respondent(s): mr. neelakandan, additional advocate general assisted by mr.p.r.muruganraja, government advocate for r1 ms.g.sunitha for r2orderthis writ petition has been filed for issue of a writ of mandamus directing the 1st respondent to remove the name of the 2nd respondent, who is the father-in-law of the petitioner, from the legal heirship certificate and to issue corrected legal heirship certificate to the petitioner.2. heard mr.p.sesubalan raja, learned counsel appearing on behalf of thepetitioner, mr.r.neelakandan, learned additional advocate general appearing on behalf of the 1st respondent and ms.g.sunitha, learned counsel appearing on behalf of the 2nd respondent.3. the grievance of the petitioner is that she was married to one sureshand he died intestate on 15.09.2024 leaving behind the petitioner and her son arjun as class - i legal heirs. the mother of the deceased pre-deceased him. the petitioner applied for legal heirship certificate with the 1st respondent. while issuing legal heirship certificate, the 1st respondent has included the name of the father-in-law. hence, the petitioner wants the name of the father-in-lawto be removed from the legal heirship certificate and for issuance of a fresh legal heirship certificate.4. a careful reading of g.o.(ms.) no.110 dated 13.03.2024 shows that theauthority will have to include the name of the parents of the deceased in the legal heirship certificate. this is more so, since the legal heirship certificate is more in the nature of the relationship certificate between the parties. by merely adding the name of the father, who is class-ii legal heir, no preference can be claimed against the petitioner and her son, who are admittedly class-i legal heirs. therefore, the apprehension raised by the petitioner is sufficiently answered by this court.5. this writ petition is disposed of in the above terms......

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A.P. Nirupama Petitioner(s) Vs 1.The Tahsildar No.14 Dairy Farm Road, Alandur Taluk Alandur Chennai 16 2.C.Dasarathram Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamsu, directing the 1st respondent to remove the name of the petitioner's father-in-law Mr.C.Dasarathram, who is the class-II legal heir of the petitioner's deceased husband C.Suresh in the legal heirship certificate.
For Petitioner(s): M/s. P Sesubalan Raja For Respondent(s): Mr. Neelakandan, Additional Advocate General assisted by Mr.P.R.Muruganraja, Government Advocate for R1 Ms.G.Sunitha for R2

ORDER

This Writ Petition has been filed for issue of a Writ of Mandamus directing the 1st respondent to remove the name of the 2nd respondent, who is the father-in-law of the petitioner, from the legal heirship certificate and to issue corrected legal heirship certificate to the petitioner.

2. Heard Mr.P.Sesubalan Raja, learned counsel appearing on behalf of the

petitioner, Mr.R.Neelakandan, learned Additional Advocate General appearing on behalf of the 1st respondent and Ms.G.Sunitha, learned counsel appearing on behalf of the 2nd respondent.

3. The grievance of the petitioner is that she was married to one Suresh

and he died intestate on 15.09.2024 leaving behind the petitioner and her son Arjun as Class - I legal heirs. The mother of the deceased pre-deceased him. The petitioner applied for legal heirship certificate with the 1st respondent. While issuing legal heirship certificate, the 1st respondent has included the name of the father-in-law. Hence, the petitioner wants the name of the father-in-law

to be removed from the legal heirship certificate and for issuance of a fresh legal heirship certificate.

4. A careful reading of G.O.(Ms.) No.110 dated 13.03.2024 shows that the

Authority will have to include the name of the parents of the deceased in the legal heirship certificate. This is more so, since the legal heirship certificate is more in the nature of the relationship certificate between the parties. By merely adding the name of the father, who is Class-II legal heir, no preference can be claimed against the petitioner and her son, who are admittedly Class-I legal heirs. Therefore, the apprehension raised by the petitioner is sufficiently answered by this Court.

5. This Writ Petition is disposed of in the above terms. No costs. 28-07-2025 dsa Index :Yes/No

Speaking/Non-speaking order

Neutral Citation :Yes/No To 1.The Tahsildar No.14 Dairy Farm Road, Alandur Taluk Alandur Chennai 16 2.C Dasarathram No 23, 3rd Main Road Ramnagar Chennai 82 N.ANAND VENKATESH J. dsa 28-07-2025

Same Court & Year Chennai · 2025 Same Parties Ap Nirupama vs The Tahsildar Same Judge Honourable Mr Justice N. Anand Venkatesh