Madras High Court
WP/42232/2026 of S.THASSINA Vs THE TAHSILDAR on 26 October 2026
WP No. 42232 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. 42232 of 2026
CNR:{HCMA012435562026}
AND
WMP NO. 47429 OF 2026
S.Thassina
W/o.Late Dhoulath Ali,
29/5, Old Railway Line East Road,
Vellaikkavundanpalaiyam, Dharmapuri,
Dharmapuri District- 636 701.
..Petitioner(s)
Vs
The Tahsildar
The Taluk Office,
Dharmapuri Taluk,
Dharmapuri- 636 701.
..Respondent(s)
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records relating to the action /status in Application No.TN- 7202605161468
dated 16.05.2026 concerning the Petitioners application for Legal heir Certificate and quash the same as illegal and consequently direct the respondents to issue legal heir certificate in favour of the petitioner as legal heirs of A.Dhoulath Ali respectively within the time that may be stipulated by this court.
For Petitioner(s):
Mr.N.Krishna Moorthy
For Respondent(s):
Mrs.Inthu Karunakaran, SGP
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WP No. 42232 of 2026
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ORDER
This Writ Petition has been filed for the following reliefs:- “Calling for the records relating to the action /status in Application No.TN- 7202605161468 dated 16.05.2026 concerning the Petitioners application for Legal heir Certificate and quash the same as illegal and consequently direct the respondents to issue legal heir certificate in favour of the petitioner as legal heirs of A.Dhoulath Ali respectively within the time that may be stipulated by this court.”
2. The Petitioner would submit that she is the wife of Late A. Dhoulath Ali, who died intestate on 01.05.2026 at Meenakshi Hospital and Fertility Centre, Dharmapuri. Upon his demise, the Petitioner applied for the issuance of a Legal Heir Certificate under Application No.TN-7202605161468.
3. The Petitioner would further submit that, along with the application, she submitted a Self Declaration furnishing the family particulars of the deceased, namely, Rahimunnisa, aged about 87 years, mother of the deceased; the petitioner, S. Thassina, aged about 46 years, wife of the deceased; and Shameera Nowrin, aged about 18 years, daughter of the deceased. She also disclosed that the father of the deceased, Amanullah Khan, had predeceased him.
4. The Petitioner would submit that her application was returned with the
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WP No. 42232 of 2026
status “Send back to Kiosk/Citizen”, stating that the deceased allegedly had two wives, that the first wife, Munira, and her daughter were missing, and that the legal-heir particulars could not be verified. Consequently, the application was not recommended.
5. The Petitioner would submit that the Respondent returned the application without conducting a proper and comprehensive enquiry, without disclosing the records or materials relied upon, and without examining the available blood relatives or other persons having direct knowledge of the deceased’s family circumstances. In particular, despite the disclosure of Rahimunnisa, the mother of the deceased, in the Self Declaration, the Respondent has not examined her or obtained her statement or affidavit to verify the family particulars.
6. The Petitioner would further submit that she is ready and willing to produce the original Self Declaration, Death Certificate, identity and relationship documents, and the available blood relatives and other concerned persons for examination. The Petitioner would submit that she is not seeking the issuance of a Legal Heir Certificate without verification, but only seeks a proper, fair and meaningful enquiry into the legal-heir particulars of the deceased before a decision is taken on her application. The grievance of the Petitioner is that the Respondent has failed to conduct a proper enquiry before
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WP No. 42232 of 2026
passing the impugned order. Therefore, challenging the impugned order, the Petitioner is before this Court seeking the reliefs stated supra.
7. Heard the learned counsel on either side and perused the records.
8. A perusal of the impugned order would reveal that the application has not been rejected but has only been returned, as the enquiry revealed that the Petitioner’s deceased husband had earlier married one Munira, through whom he had a daughter, and their particulars had not been included in the application submitted by the Petitioner.
9. In view of the above, the Petitioner is directed to comply with the defects pointed out in the return and submit a fresh application furnishing the complete particulars. Upon receipt of such application, the Respondent shall consider and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of the fresh application submitted by the Petitioner.
10. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order
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WP No. 42232 of 2026
Neutral Citation: Yes/No SHR P.T.ASHA J. SHR To The Tahsildar The Taluk Office, Dharmapuri Taluk, Dharmapuri- 636 701. WP No. 42232 of 2026 AND WMP NO. 47429 OF 2026 26-10-2026
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WP No. 42232 of 2026
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