Madras High Court

WP/42258/2026 of C.SHAHIDA Vs The District Collector on 26 October 2026

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WP No. 42258 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 42258 of 2026

CNR:{HCMA012449752026}

AND

WMP NO. 47465 OF 2026

C.Shahida

S/o. Late C. Noorullah Basha,

No.46/68, flower Garden Street,

Perambut, Vellore District -635 810

..Petitioner(s)

Vs

1. The District Collector

Vellore District,

Collectorate, Sathuvachari,

Vellore -632 009

2. the Tahsildar

Pernambut Taluk,

Taluk Office, Peranambut,

Vellore District, -635 810

..Respondent(s)

Prayer:

calling for the records on the file of the 2nd Respondent relating to the impugned order undated passed in Application No.TN-7202603101682 dated 10.03.2026 and quash the same, and consequently direct the 2nd Respondent to issue a legal heirship Certificate in respect of the deceased C.Noorullah Basha, S/o. Abdul Samad, incorporating the names of the petitioner C. Shahida and N. Sabreen as his wives and C.

Saleequa Parveen, C. Mohammed Sakhib, N. Nafeez Fathima, N. Ayedsha Siddiqua and N. Nasira Tabassum as his Children, in terms of G.O. (Ms)

No.110 Revenue and Disaster Management Department, dated 13.03.2024

within a time frame that may be fixed by this Honble Court

WP No. 42258 of 2026

For Petitioner(s):

M/S. J.Prakasam

For Respondent(s):

M/s.Inthu Karunakaran, SGP for R1 and R2.

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ORDER

This Writ Petition has been filed for the following reliefs:- “calling for the records on the file of the 2nd Respondent relating to the impugned order undated passed in Application No.TN-7202603101682 dated 10.03.2026 and quash the same, and consequently direct the 2nd Respondent to issue a legal heirship Certificate in respect of the deceased C.Noorullah Basha, S/o. Abdul Samad, incorporating the names of the petitioner C. Shahida and N. Sabreen as his wives and C. Saleequa Parveen, C. Mohammed Sakhib, N. Nafeez Fathima, N. Ayedsha Siddiqua and N. Nasira Tabassum as his Children, in terms of G.O. (Ms) No.110 Revenue and Disaster Management Department, dated 13.03.2024 within a time frame that may be fixed by this Honble Court”

2. The petitioner would submit that she is the first wife of the deceased C. Noorullah Basha, son of Abdul Samad, and that their marriage was solemnised on 09.06.1988 at Chowk Masjid, Pernambut, Vellore District. Two children, namely, C. Saleequa Parveen and C. Mohammed Sakhib, were born out of the wedlock. The deceased subsequently contracted a second marriage with N. Sabreen in 1999, in accordance with Muslim Personal Law, through whom three daughters were born. The deceased died intestate on 19.09.2025, leaving behind both his wives and five children as his legal heirs. There is no

WP No. 42258 of 2026

dispute among the legal heirs, and both wives have executed consent deeds dated 05.11.2025.

3. The petitioner would submit that she applied to the second respondent through the online portal on 10.03.2026, vide Application No.TN-7202603101682, seeking issuance of a Legal Heirship Certificate. However, the second respondent rejected the application on the ground that the deceased had two wives.

4. The petitioner would submit that the impugned order is contrary to G.O.(Ms.) No.110, Revenue and Disaster Management Department, dated 13.03.2024, which provides for mentioning the names of multiple spouses where permitted under the applicable personal law. The petitioner would further submit that the impugned order is arbitrary, non-speaking, and was passed without affording her an opportunity of personal hearing. Therefore, challenging the same, the petitioner is before this Court seeking the reliefs stated supra.

5. Heard the learned counsel on either side and perused the records.

6. A mere perusal of the impugned order would indicate that the petitioner’s application seeking issuance of a Legal Heirship Certificate has

WP No. 42258 of 2026

been rejected only on the ground that the deceased had two wives, totally overlooking the fact that the deceased professed Islam, which permits a man to have more than one wife.

7. Further, the impugned order is contrary to the guidelines prescribed under G.O. (Ms.) No. 110, Revenue and Disaster Management Department, dated 13.03.2024, whereby the following amendment was introduced:- “In the said G.O., in the Annexure for Clause 2 the following Clause shall be substituted:-

2. Legal Heirship (Relationship) Certificate shall be issued to the applicant(s) irrespective of the Religions / Gender, with the name of the following persons; their relationship with the deceased and their living status:- (A) In case of death of Married Person

i. Spouse(s) of the deceased (Mention the names of the spouses, if more than one spouse, if permissible under relevant personal Law)

ii. Children/Legally adopted Children of the deceased. iii.Parents of the deceased”

8. In view of the above, the impugned order passed by the Second respondent cannot be sustained and is liable to be set aside. Accordingly, the Writ Petition is allowed, and the impugned order is set aside. The matter is remitted back to the Second respondent, who shall take all the relevant facts into

WP No. 42258 of 2026

consideration and pass a speaking order in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To

1. The District Collector Vellore District, Collectorate, Sathuvachari, Vellore -632 009

2. the Tahsildar Pernambut Taluk, Taluk Office, Peranambut, Vellore District, -635 810

WP No. 42258 of 2026

P.T.ASHA J. SHR WP No. 42258 of 2026 AND WMP NO. 47465 OF 2026 26-10-2026

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