K. Vadivelu and V. Chandrasekar vs Government of Tamil Nadu and The Thasildar, Tambaram

K.K. Sasidharan, J.—The challenge in this writ petition is to the order dated 21.05.2013 on the file of the Thasildar, Tambaram Taluk/2nd respondent herein, rejecting the application for issuance of legal heirship certificate on the ground that the deceased S.R. Usha Rani was the second wife of the 1st petitioner. The petitioner originally married Mrs. Vijayalakshmi and subsequent to her death, he married S.R. Usha Rani on 16.04.2000. In the said wedlock, there were no issues. The 2nd petitioner is the son of 1st petitioner in his first marriage. The petitioners made an application before the 2nd respondent, requesting to issue legal heirship certificate, indicating that they are the legal heirs of deceased S.R. Usha Rani, who died on 18.02.2013. The application was rejected primarily on the ground that the deceased S.R. Usha Rani was the 2nd wife of the first petitioner. Feeling aggrieved by the said order, the petitioners are before this Court.

I have heard the learned counsel for the petitioner and the learned Additional Government Pleader.

The application submitted by the petitioners was rejected only on the ground that the deceased S.R. Usha Rani was the 2nd wife of the 1st petitioner. The said reason cannot be a valid reason to reject the application for legal heirship certificate. The 1st wife of the 1st petitioner died long back and thereafter only he married Mrs. S.R. Usha Rani. Therefore, it cannot be said that the 1st petitioner is not the legal heir of deceased S.R. Usha Rani. In view of Section 15(b) of the Hindu Succession Act, 1959, the second petitioner is also a legal heir of the deceased S.R. Usha Rani.

In the result, the impugned order is quashed. The matter is remitted back to the second respondent for fresh consideration. The second respondent is directed to conduct enquiry through revenue officials and after verification of the marriage certificate of the 1st petitioner and the death certificate of the 2nd wife of 1st petitioner, appropriate orders should be passed in the matter of issuance of legal heir certificate. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petition is allowed as indicated above. No costs.