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M.C.Sivakami v. The Commissioner of Revenue Administration

DISPOSED OF WITH DIRECTION
Court
High Court of Madras
Decided
6 April 2026
Bench
M.Dhandapaniauthor
Case no.
WP 12762/2026

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Judgment

ORDER By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

¶2WMP.No.13961 of 2026 has been filed to permit the petitioners to file a single writ petition. This petition is ordered on payment of single court fee.

¶3This petition has been filed challenging the order of the 2nd respondent in P6/E-3904769/2025 dated 28.11.2025 and consequently direct the 4th respondent to issue a Legal Heir Certificate for Late M.C.Chandrasekaran naming only the petitioners as the legal heirs based on the order passed by the 3rd respondent in Na.Ka.No. A3/4879/2025 dated 16.10.2025.

¶4It is the case of the petitioners that petitioners are the children of Late M.C.Chandrasekaran and Chandra Banu. Their father initially married one M.C.Banumathy and later married their mother on 05.02.1975. First wife died on 24.06.1998 issue-less and their father died on 29.05.1995. In the year 2005, a legal heir certificate was issued in favour of the petitioner and their mother for M.C.Chandrasekaran. However, in the year 2025 pursuant to the direction of this Court in WP.No.32169 of 2025, RDO South, Chennai conducted an enquiry and passed an order in Na.Ka.No.A3/4879/2025 dated 16.10.2025 cancelling the certificate issued in the year 2005 on the ground that petitioner's mother name was included as wife without proof of a legal divorce from the first wife and the RDO has stated that the children are the direct legal heirs and directed the petitioners to apply for a fresh certificate. Hence, the petitioners while applying for legal heir certificate online, the same could not be applied since the portal requires the date of first wife's death divorce to be earlier than the date of second marriage as admittedly, the petitioners mother marriage occurred during the first wife's lifetime. Thereafter, the petitioners approached the fourth respondent manually making an application, however, the same was not accepted, hence, seeks for a direction.

¶5Heard both sides and perused the materials placed on record.

¶6Considering the facts and circumstance of the case, this Court without going into merits of the case directs the fourth respondent to implement the directions of the third respondent in Na.Ka.No.A3/4879/2025 dated 16.10.2025 by issuing legal heir certificate for eligible persons by including the petitioners' names within a period of four weeks from the date of receipt of a copy of this Order.

¶7Accordingly, this writ petition stands disposed of. No costs. 06-04-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Commissioner of Revenue Administration 2nd Floor, Ezhilagam, Chepauk Chennai 600005.

2.The District Collector Chennai District, No.62 Rajaji Salai Chennai 600001.

3.The Revenue Divisional Officer South Chennai Division Guindy Chennai 600032.

4.The Tahsildar Sholinganallur Taluk Chennai. M.DHANDAPANI J. dhk

06-04-2026

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 12762 of 2026 and WMP.No.13961 of 2026 1. M.C.Sivakami 2. M.C.Natarajan Petitioner(s) Vs 1. The Commissioner of Revenue Administration 2nd Floor, Ezhilagam, Chepauk Chennai 600005. 2.The District Collector Chennai District, No.62 Rajaji Salai Chennai 600001. 3.The Revenue Divisional Officer South Chennai Division Guindy Chennai 600032. 4.The Tahsildar Sholinganallur Taluk Chennai. Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, to quash the impugned order of the 2nd respondent in P6/E-3904769/2025 dated 28.11.2025 and consequently direct the 4th respondent to issue a Legal Heir Certificate for Late M.C.Chandrasekaran naming only the petitioners as the legal heirs based on the order passed by the 3rd respondent in Na.Ka.No. A3/4879/2025 dated 16.10.2025. For Petitioner(s): Mr.I.Abrar Md Abdullah for Mr.K.Kathiresan For Respondent: Mr.A.Selvendran Special Government Pleader

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