Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 3053 (MAD)

S. Rajeshwari v. District Collector, Villupuram

2022-09-01

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue the Legal Heirship Certificate to the petitioner based on the Application No.720220628227 of the petitioner dated 28.06.2022 and consequent representation dated 19.07.2022 within the stipulated time.) 1. By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2. Mr.T. Seenivasan, learned Special Government Pleader accepts notice on behalf of the respondents. 3. This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to issue Legal Heirship Certificate for the deceased Sekar, who is the petitioner's husband based on her application dated 28.06.2022 followed by her representation dated 19.07.2022, within a time frame to be fixed by this Court. 4. Heard Mr.A. Saravanan, learned counsel for the petitioner and Mr.T. Seenivasan, learned Special Government Pleader appearing for the respondents. 5. The petitioner claims that she is the legally wedded wife of the deceased Sekar. According to her, she had earlier applied for Legal Heirship Certificate for the deceased Sekar. But the same was rejected on the ground that the deceased Sekar was having two wives. After rejection of the earlier application, the petitioner has once again submitted a fresh application on 28.06.2022 followed by her representation dated 19.07.2022 seeking for issuance of legal heirship certificate by including the child of the second wife also as one of the legal heirs for the deceased Sekar. Since the application dated 28.06.2022 followed by her representation dated 19.07.2022 has not been considered till date, the petitioner has now filed this writ petition. 6. The petitioner has filed documents along with this writ petition to substantiate her claim that she is the legally wedded wife of the deceased Sekar, who died on 25.01.2017. 7. No prejudice would be caused to the respondents if the petitioner's application seeking for issuance of Legal Heirship Certificate for her deceased husband Sekar is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the 2nd respondent deems fit to enquire. 8. 7. No prejudice would be caused to the respondents if the petitioner's application seeking for issuance of Legal Heirship Certificate for her deceased husband Sekar is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the 2nd respondent deems fit to enquire. 8. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioner's application dated 28.06.2022 followed by her representation dated 19.07.2022 seeking for issuance of Legal Heirship Certificate for her deceased husband Sekar, who died on 25.01.2017, within a period of eight weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and any other necessary party whom the 2nd respondent deems fit to enquire, including granting them the right of personal hearing. 9. With the aforesaid direction, this writ petition is disposed of. No costs.