WP/40891/2026 of G.KALAISELVI Vs THE TAHSILDHAR on 13 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “calling for the records relating to the impugned proceedings of the 1st respondent in Na.Ka.No. 319/ 2026/ A3 dated 2.04.2026 quash the same and consequently direct the 1st respondent to consider the petitioners application for issuance of Legal Heir certificate.”

2. The petitioner would submit that she is the widow of late Thiru. Ganesan, who died on 31.07.2018. The petitioner has three daughters, namely, Vennila, Malathi and Parimala, and one son, namely, Veeramani. The petitioner's son, Veeramani, went to Malaysia for employment in March 2003 and maintained contact with the petitioner and his sisters for about five years, thereafter completely ceasing all communication. The petitioner would further submit that, despite repeated enquiries through relatives and other persons travelling to Malaysia, the whereabouts of her son could not be traced, and he has neither contacted his family members nor returned to India for several years.

3. The petitioner would submit that, after the demise of her husband, she approached the jurisdictional Tahsildar seeking issuance of a Legal Heir Certificate, excluding the name of her son, Veeramani. However, the Tahsildar, after conducting an enquiry and recording the family particulars of the

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petitioner and the prolonged absence of her son, rejected the application on the ground that no First Information Report had been registered regarding the missing person and that the petitioner had not produced sufficient documents for the issuance of the Legal Heir Certificate. The Tahsildar had also directed the petitioner to approach the competent Civil Court.

4. The petitioner would submit that the impugned order is contrary to the principles laid down by this Hon'ble Court in WP.(MD).No.5252 of 2024 - Janaki v. The Tahsildar, dated 14.06.2024, wherein this Hon'ble Court considered a similar issue concerning a person who had not been heard of for more than seven years and emphasised the necessity of conducting an appropriate enquiry, including consideration of affidavits, witness statements and field enquiry, before deciding the claim for issuance of a Legal Heir Certificate. Therefore, aggrieved by the impugned order dated 02.04.2026 passed by the 1st respondent, the petitioner has approached this Court seeking the reliefs stated supra.

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

6. The petitioner is unable to confirm whether the said Veeramani is dead or alive. Be that as it may, he is the legal heir of late Thiru. Ganesan, being his son. Further, the petitioner has not produced any evidence to establish that the said Veeramani had left the country for Malaysia. There is no order of a

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competent Civil Court declaring the said Veeramani’s civil death.. Therefore, the order passed by the 1st respondent rejecting the petitioner's application for issuance of a Legal Heir Certificate, without including the name of her son, Veeramani, cannot be found fault with.

7. Accordingly, this Writ Petition is dismissed. However, it is open to the petitioner to submit a fresh application by including all the legal heirs of late Thiru. Ganesan. On such application being made, the respondents shall issue the Legal Heir Certificate in accordance with law, within a period of four weeks therefrom. No costs. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

WP No. 40891 of 2026

P.T.ASHA J. SHR To

1. The Tahsildhar Taluk office, Vedaranyam Taluk, Nagapattinam district

2. The village Administrative officer Maruthur south, Vedaranyam Taluk, Nagapattinam district WP No. 40891 of 2026 13-10-2026