Madras High Court
WP/117/1997 of SRI SANTHAKULI SWAMYNARAYANA Vs THE COLLECTOR, on 28 November 2002
BENCH OF MADRAS HIGH COURT %DATED: 01.03.2019 *CORAM THE
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Relief
?BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT%DATED: 01.03.2019*CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN+W.P.(MD)No.936 of 2019
#Pandiyammal ... Petitioner
Vs
$1.The District Collector,Collectorate Building,Ramanathapuram District,Ramanathapuram.
2.The Tahsildar,Head Quarters, Paramakudi Taluk,Ramanathapuram District.
3.Sathesh
4.Alagi ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India toissue a Writ of Certiorarified Mandamus to call for the records pertaining tothe impugned order passed by the second respondent vide his proceedings inO.Mu.No.B6/3612/2018 dated 16.04.2018 and consequential impugned order passedby the second respondent vide his proceedings in O.Mu.(P6)11286/2018, dated29.11.2018 and quash the same as illegal and consequently direct the secondrespondent to issue the legal heir certificate to the petitioner.
!For Petitioner : Mr.Khan K.S.M.S.Ibrahim ^For R1 & R2 : Mr.M.KaruppasamyGovernment AdvocateFor R3 & R4 : Mr.P.Balan
:ORDER
Heard the learned counsel on either side.
2. The issue relates to issuance of legal heir certificate following the demise of one Pichai on 06.09.2017. It is not in dispute that the saidPichai had more than one wife. His first marriage was not dissolved in themanner known to law. She is said to have eloped with somebody else. Thewrit petitioner is the second wife of the said Pichai. The writ petitioneralso had earlier contracted another marriage. It appears that even thosemarriages were not dissolved in the manner known to law. The Commissioner ofRevenue Administration, Chennai has issued a circular to the effect that ifthe deceased is having more than one wife, the claimants should be advised toapproach the Civil Court for getting relief. In such a case, the second respondent cannot be mandated to issue any legal heir certificate.
3. I am therefore unable to grant any relief to the writ petitioner.Accordingly, this Writ Petition stands dismissed. No costs. It is madeclear that the the dismissal of this writ petition will not come in the wayof the children born to Pichai from moving the Civil Court for gettingdeclaration that they are the legal heirs of the Pichai.
To
1. The District Collector,Collectorate Building,Ramanathapuram District,Ramanathapuram.
2. The Tahsildar,Head Quarters, Paramakudi Taluk,Ramanathapuram District.