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2014 DIGILAW 1913 (MAD)

Minor K. Nitish Akil v. District Collector

2014-07-03

S.VAIDYANATHAN

body2014
Judgment : 1. The petitioner has come forward with the above writ petition praying to quash the impugned legal heir certificate, dated 10.02.2009 issued by the Tahsildar, Mettur, Salem District. 2. Admittedly, Mrs.Sangeetha, the mother of the minor son K.Nitish Akil, has filed the above writ petition, to quash the impugned order of the Tahsildar, stating that the Tahsildar has no power to mention the grand-mother of the minor child as guardian of the minor child, when admittedly the mother is alive. 3. The learned counsel for the 4th respondent submitted that Mr.A.Kanagaraj and Sangeetha got separated by means of a divorce decree and because of the enmity, the wife viz., Sangeetha murdered Kanagaraj; a case has been registered against Sangeetha; under such circumstances, the 4th respondent herein viz., Jayalakshmi, mother of the deceased Kanagaraj, is the guardian of the minor child. 4. The learned Government Advocate submitted that in view of the criminal case pending against Sangeetha, the child will have to be taken care of and hence, in the legal heir certificate, the name of the grand-mother has been mentioned as guardian of the minor child. 5. Per contra, it is the reply of the learned counsel for the petitioner that it is true that a case has been registered under Section 302 IPC against Sangeetha, but, admittedly, it ended in acquittal on 30.08.2013 and no one has preferred appeal against the acquittal and that order has become final. Further, in any event, the mother is the natural guardian of the minor child. The grandmother, 4th respondent herein, had preferred an Guardian O.P.No.57/2009 before the I Additional District Judge, Salem and the said OP was dismissed for default on 16.10.2012 and that no steps have been taken by the 4th respondent herein to restore the said Guardian OP by filing restoration petition. 6. As the parties are Hindus and as per the Hindu Law, the mother is the natural guardian of the minor child. Since divorce has taken place, Sangeetha is not the legal heir of the deceased Kanagaraj. Hence, the Tahsildar has rightly issued the legal heir certificate incorporating the names of the mother and minor son of the deceased Kanagaraj viz., the 4th respondent herein-Jayalakshmi and minor son-K.Nitish Akil. But, in the legal heir certificate, the Tahsildar has mentioned the 4th respondent-Jayalakshmi as the guardian for the minor son-K.Nitish Akil. Hence, the Tahsildar has rightly issued the legal heir certificate incorporating the names of the mother and minor son of the deceased Kanagaraj viz., the 4th respondent herein-Jayalakshmi and minor son-K.Nitish Akil. But, in the legal heir certificate, the Tahsildar has mentioned the 4th respondent-Jayalakshmi as the guardian for the minor son-K.Nitish Akil. Mentioning the name of the grand-mother, 4th respondent-Jayalakshmi, as guardian for the minor son-K.Nitish Akil alone is not correct, as the natural guardian viz. his mother Sangeeth is alive. Hence, to that extend alone the impugned legal heir certificate will have to be modified. 7. Accordingly, mentioning the name of the 4th respondent-Jeyalakshmi as guardian for the minor son K.Nitish Akil alone is ordered to be deleted from the impugned legal heir certificate, dated 10.02.2009, issued by the Tahsildar, Mettur. The 4th respondent is directed to surrender the legal heir certificate obtained from the Tahsildar within a period of two weeks from the date of receipt of a copy of this order. A fresh legal heir certificate is directed to be issued by the Tahsildar, Mettur, Salem District, incorporating the names of the mother and minor son of the deceased Kanagaraj, after deleting the aforesaid portion viz., mentioning the grand-mother Jayalakshmi as the guardian of the minor child Nitish Akil, within a period of two weeks from the date of receipt of this order. 8. With the above terms, the writ petition is ordered. Consequently, connected Miscellaneous Petition is closed. No costs.