Immanuvel v. The District Collector

ORDER This Writ Petition is filed challenging the impugned order, dated Nil passed by the third respondent. By the said order, the prayer made by the petitioner to issue a legal heirship certificate with reference to the death of his father, late Ragunathan, was dismissed.

¶2According to the petitioner, he is the son of the said late Ragunathan, born through the wedlock with late Rani @ Malathi. To the best of his knowledge, he is the only surviving legal heir. However, the learned Special Government Pleader for the respondents would submit that upon enquiry, the original authority came to know that the said Ragunathan, apart from marrying the petitioner's mother, earlier got married to one Shanti and since they were not in a position to ascertain the names and addresses of the said Shanti and the two children born through the said Shanti, the certificate was refused.

¶3According to the learned Special Government Pleader for the respondents, the entire issue of legal heirship certificate is now governed by G.O.(Ms) No.478, dated 29.09.2022, as modified by G.O.(Ms).No.110, dated 13.03.2024 which was issued pursuant to the decision of the Hon'ble Full Bench of this Court.

¶4I have considered the said submissions made by the learned Counsels on either side.

¶5Even though the petitioner claims he is the only legal heir, if the information is that the other legal heirs are also available, then, the legal heirship certificate can be granted by including the others also. However, as against the rejection order, there is a remedy of appeal provided to the Revenue Divisional Officer. The petitioner can file an appeal to the Revenue Divisional Officer who shall then also cause an enquiry with the petitioner as well as through the jurisdictional field level officials to find out the existence of the other legal heirs, if any and by including everyone as per the relation mentioned in the Government Order, a certificate can be issued.

¶6In view thereof, this Writ Petition is disposed of on the following terms:-

(i) The petitioner can file an appeal to the file of the second respondent herein, within two weeks from the date of receipt of a web-copy of this order,

(ii) The petitioner himself, as far as possible, can furnish the names and addresses of others and he can be rest assured that certificate will not be given in his name alone without including the other legal heirs.

(iii) Even if the petitioner is not furnishing the particulars, it will be open for the appellate authority to cause field level enquiry to find out the names and addresses and thereafter, giving an opportunity to the others, final orders in the appeal can be passed.

(iv) The aforesaid exercise shall be completed within a period of four months from the date of filing of an appeal by the petitioner.

(v) There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.08.2026 : no grs To

¶1The District Collector, District Collectorate Office, Namakkal District.

¶2The Revenue Divisional Officer, Rasipuram Division, Namakkal District.

¶3The Revenue Tahsildar, Rasipuram Taluk, Namakkal District.

¶4The Revenue Inspector, Rasipuram Taluk, Namakkal District.

¶5The Village Administrative Officer, Vadugam Village, Rasipuram Taluk, Namakkal District.

D.BHARATHA CHAKRAVARTHY, J. grs and W.M.P.No.35136 of 2026

13.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2026 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.35136 of 2026 Immanuvel .. Petitioner Versus 1. The District Collector, District Collectorate Office, Namakkal District. 2. The Revenue Divisional Officer, Rasipuram Division, Namakkal District. 3. The Revenue Tahsildar, Rasipuram Taluk, Namakkal District. 4. The Revenue Inspector, Rasipuram Taluk, Namakkal District. 5. The Village Administrative Officer, Vadugam Village, Rasipuram Taluk, Namakkal District. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order dated Nil passed by the 3rd respondent in respect of the petitioner's application dated 25.06.2026 for issuance of Legal Heir Certificate, quash the same as illegal and void, and consequently direct the 3rd respondent to issue Legal Heir Certificate in respect of the petitioner. For Petitioner : Ms.P.Neelavathi For Respondents : Mrs.Inthu Karunakaran, Special Government Pleader