Kathleen Manuel v. The District Collector

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

¶2The present writ petition has been filed praying for a writ of Certiorarified Mandamus, calling for the records relating to the rejection order passed by the 3rd respondent in respect of petitioner's application for Legal Heir Certificate bearing No.TN-720201216699 dated 20.01.2021 and quash the same as illegal, arbitrary and without jurisdiction and consequently, to direct the respondents to issue legal heir certificate.

¶3At the outset, learned Government Counsel appearing for respondents would submit that the appropriate remedy available to petitioner in terms of G.O.Ms.No.478, Revenue & Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022, is to avail the appellate remedy Page3 of 6 provided under Clause 7(iv) of the said Government Order, which is extracted hereunder: "IV. Further, it is also recommended to incorporate the following appeal provisions:- S.No. Existing Provisions Proposed Provisions

¶1Appeal Provision:- If any disputes arise on the legal Heir Certificate issued, an appeal petition shall be filed to the respective Revenue Divisional Officer within a period of one year from the date of issuance of the certificate. Appeal Provision:- Existing provision may be continued.

¶4Learned counsel for petitioner would submit that petitioner seeks liberty to file a statutory appeal before the appropriate authority.

¶5Learned Government Counsel appearing for respondents would submit that if such an appeal is filed, the same would be disposed of within a time framed fixed that may be fixed by this Court.

¶6In that view of the matter, petitioner is at liberty to file an appeal before appropriate authority within a period of two (2) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. If such an appeal is filed within the stipulated time mentioned supra, the same shall be admitted and entertained without reference to limitation and shall be Page4 of 6 decided on merits and in accordance with law, subject to compliance with all the conditions, including pre-deposit, if any.

¶7It is needless to state that the appellate authority shall issue notice to all necessary and interested parties, including the first wife and the other legal heirs, as it has been brought to the notice of this Court that the deceased had two wives and the present application has been made by the second wife, conduct an enquiry and thereafter pass appropriate orders in accordance with law.

¶8Accordingly, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. 24-06-2026 Index: Yes/No Speaking/Non-speaking order ANU To

¶1The District Collector collectorate, salem - 636001.

¶2The District Revenue Officer (DRO) District Collectorate, salem - 636001.

¶3The Tahsildar Tahsildar office, yercaud taluk (salem District), Tamilnadu - 636601.

¶4The Revenue Inspector Revenue/Taluk office, yercaud taluk, salem - 636601. Page5 of 6

¶5Village Administrative Officer kommakadu (near yercaud), manjakuttai panchayat, yercaud taluk, salem District - 636601. Page6 of 6

MOHAMMED SHAFFIQ, J. ANU and WMP.Nos.25990 & 25991 of 2026 24-06-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP.Nos.25990 & 25991 of 2026 Kathleen Manuel W/o.Late captain Ernest Manuel, No.96,96-1, Pleasant Lodge, Kommakadu Village, Assambur Post, Yercaud Taluk, Salem District - 636602. ..Petitioner(s) Vs 1. The District Collector Collectorate, Salem – 636 001. 2. The District Revenue Officer (DRO) District Collectorate, Salem - 636001. 3. The Tahsildar, Tahsildar Office, Yercaud Taluk (Salem District), Tamilnadu – 636 601. 4. The Revenue Inspector Revenue/Taluk office, Yercaud Taluk, Salem - 636601. 5. Village Administrative Officer, Kommakadu (near Yercaud), Manjakuttai Panchayat, Yercaud Taluk, Salem District - 636601. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the rejection order passed by the 3rd respondent in respect of petitioner's application for Legal Heir Certificate bearing No.TN-720201216699 dated Page2 of 6 20.01.2021, quash the same as illegal, arbitrary and without jurisdiction and consequently, direct the respondents to issue legal heir certificate within a time frame fixed by this Court. For Petitioner(s): Mr.M.Yogaa For Respondent(s): Mr.J.V.Sakthi Balakrishnan Government Counsel