S.Sivasujatha v. The Government of Tamil Nadu

ORDER By consent, this writ petition is taken up for final disposal.

¶2This Writ Petition is filed for a Mandamus directing the respondents to issue the legal heir certificate as per the application made by the petitioner on

13.01.2026 being the Class I Legal heir within the time stipulated by this Court.

¶3The petitioner, her brother and sisters are the legitimate children of late S.Sivaraj, who was a railway employee. The petitioner's mother being illiterate and innocent, taking advantage of the same, the petitioner's father began living with another woman and in order to safeguard his service, obtained an ex-parte divorce against the petitioner's mother. During Covid-19, the petitioner's father passed away at the age of 81 and when the petitioner's mother applied for Legal Heir Certificate, the same was illegally denied by the 2nd respondent. Since the matter has been kept pending by the respondents for a considerable period of time, without granting any relief, the petitioner has been constrained to approach this Court seeking appropriate relief.

¶4The learned counsel appearing for the petitioner submits that the petitioner is one of the legal heirs of the deceased Sivaraj, whereas, a stale claim was made by the third respondent that she is the daughter of the second wife of Page3 of 5 the deceased Sivaraj and thereby, the second respondent has not taken any action on the application made by the petitioner dated 13.01.2026. Hence, this Court may issue a direction to the second respondent to conduct enquiry on the basis of the application made by the petitioner and pass appropriate orders.

¶5The learned Additional Government Pleader appearing for the respondent Nos.1 and 2 have no objection for such an order being passed by this Court.

¶6Since no adverse order is going to be passed against the third respondent, notice to the third respondent is dispensed with.

¶7In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the second respondent to conduct enquiry between the petitioner's family and the third respondent on the basis of the application made by the petitioner dated

13.01.2026 and pass appropriate orders on merits and in accordance with G.O.(Ms).No.478, Revenue and Disaster Management Department, dated

29.09.2022 within a period of six weeks from the date of receipt of a copy of this order. Page4 of 5

¶8Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 02-03-2026 Index: Yes/No Speaking/Non-speaking order ssb To

1.The District Collector, Rajaji Salai, Chennai-600 001.

2.The Tahsildar, Ayanavaram Taluk Office, No.18/31, Palli Arasan Street, Anna Nagar, Chennai-600 102. Page5 of 5

M.DHANDAPANI, J. ssb 02-03-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI S.Sivasujatha ..Petitioner Vs 1.The District Collector, Rajaji Salai, Chennai-600 001. 2.The Tahsildar, Ayanavaram Taluk Office, No.18/31, Palli Arasan Street, Anna Nagar, Chennai-600 102. 3.Jayalakshmi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to issue the legal heir certificate as per the application made by the petitioner on 13.01.2026 being the Class I Legal heir within the time that may be stipulated by this Court. For Petitioner(s): M/s.T.P.Savitha For Respondent(s): Mr.M.Rajendiran, Additional Government Pleader for R1 and R2. Page2 of 5