S.Velankanni v. The Tahsildar

ORDER This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the respondent in Oo.Mu. AA1/0806/2026, dated 15.06.2026, quash the same, and consequently direct the respondent to issue a Legal Heir Certificate in respect of the petitioner's deceased maternal uncle, namely, Sermathi Pandi, within a time frame to be fixed by this Court.

2.The learned counsel appearing for the petitioner submitted that the petitioner's maternal uncle, namely, Sermathi Pandi, died issueless on

17.12.2009. It is submitted that the deceased was unmarried and had brought up the petitioner as his own daughter. During his lifetime, he permitted the petitioner to reside in his house, where she continues to reside even after his demise. It is further submitted that the petitioner had obtained a Succession Certificate from the learned Principal District Munsif, Tiruchirappalli, in O.P. No.7 of 2010, by order dated 12.11.2010, and, on the strength of the said certificate, had received the life insurance benefits of the deceased. Thereafter, the petitioner submitted an application dated 12.03.2026 before the respondent seeking issuance of a Class-II Legal Heir Certificate in respect of the deceased under Section 8(b) read with the Schedule to the Hindu Succession Act, 1956. However, the respondent, by the impugned proceedings dated 15.06.2026, rejected the said application and advised the petitioner to approach the competent Civil Court. Aggrieved by the same, the present Writ Petition has been filed.

3.The learned counsel appearing for the petitioner further submitted that the petitioner had approached the respondent solely on the strength of the Succession Certificate issued by the competent Civil Court in O.P. No.7 of 2010, dated 12.11.2010. Therefore, the rejection of the petitioner's application by the respondent is arbitrary and unsustainable in law.

4.Per contra, the learned counsel for Government of Tamil Nadu appearing for the respondent submitted that the petitioner has already obtained a Succession Certificate from the competent Civil Court. Once such a certificate has been issued by a competent Court, there is no requirement for the Tahsildar to validate or certify the same by issuing a Legal Heir Certificate. Therefore, the application submitted by the petitioner is misconceived.

5.This Court has considered the rival submissions and perused the materials available on record.

6.Admittedly, the petitioner is in possession of a Succession Certificate issued by the learned Principal District Munsif, Tiruchirappalli, in O.P. No.7 of 2010, dated 12.11.2010. The said Succession Certificate has been issued by a competent Civil Court and continues to be valid unless it is modified or set aside by a competent appellate or other competent Court. Once the petitioner has obtained such a certificate, there is no necessity for the respondent-Tahsildar to issue a Legal Heir Certificate in respect of the same subject matter. The Tahsildar has no authority either to validate or to supersede the Succession Certificate issued by the competent Civil Court. Therefore, this Court finds no infirmity in the impugned order warranting interference under Article 226 of the Constitution of India.

7.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

28.07.2026 NCC : Yes / No Index : Yes / No ps To The Tahsildar, Tiruchirappalli Taluk, Tiruchirappalli District.

M.DHANDAPANI, J. ps

28.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Velankanni ... Petitioner Vs The Tahsildar, Tiruchirappalli Taluk, Tiruchirappalli District. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the respondent in Oo. Mu. AA1/0806/2026 dated 15.06.2026 and quash the same and consequently direct the respondent to issue the legal heir certificate for the petitioner's deceased uncle, namely Sermathi Pandi, within the time fixed by Court. For Petitioner : Mr.H.Arumugam For Respondent : Mrs.K.R.Shivashankari Counsel for Government of Tamil Nadu