1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2858 of 2011 V.Susheela ... Petitioner Vs. 1.The Tahsildar, Taluk Office, Pattukottai Taluk. 2.The Revenue Inspector, (Office at Thuvarankurichi) Taluk Office, Pattukottai Taluk. 3.The Village Administrative Officer, Ponnavarayankottai Panchayat Office, Ponnavarayankottai Post, Pattukottai Taluk ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to impugned order of 1st respondent dated 17.02.2011 by its proceedings in Mu.Mu.1830/2011/Aa1 and to quash the same and to grant consequential relief to direct the 1st respondent to issue legal heir certificate to the petitioner on the basis of legal heir particulars furnished in the application of the petitioner dated 10.01.2011. For Petitioner : Mrs.S.Vijayashanthi For Respondents : Mr.K.Balasubramanian, R1 to R3 Additional Government Pleader. ORDER The petitioner had approached the Tahsildar for issuance of legal heir certificate. According to her, the petitioner's husband originally married her sister and after her death only, the petitioner was married to him. They had a child through the first wife and they have approached the Tahsildar for grant of legal heir certificate after the death of her husband. The same was denied only on the ground that since the deceased had two wives, he has to approach the civil court for getting legal heir certificate. 2.The main contention of the petitioner is that she was married only after the death of the first wife of her husband and the first wife is none other than her own sister and the daughter is born to the sister and her husband and therefore, she is a lawfully wedded wife. The question of two wives does not arise at all as the second marriage took place only after the death of 1st wife. The child is born to her sister through her husband and the petitioner and the daughter are the legal heirs of the deceased. She is the guardian for the minor children and therefore, there is no impediment in granting legal heir certificate to the petitioner. Therefore, the order passed by the first respondent is per se illegal. https://hcservices.ecourts.gov.in/hcservices/ 2 3.On instructions, learned Additional Government Pleader would contend that they have now verified and found that she is only the legally wedded second wife and they are empowered to issue necessary certificate, if the petitioner approaches for the said claim. 4.In view of the clear cut finding that the petitioner is only second wife and she is married after the death of her sister to the same person, she cannot be treated as a person who is married during the life time of another person and therefore, what is stated in the impugned order is not applicable to the facts of the present case. Hence, the impugned order is set aside and the respondents are directed to issue legal heir certificate to the petitioner within a period of three weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Tahsildar, Taluk Office, Pattukottai Taluk. 2.The Revenue Inspector, (Office at Thuvarankurichi) Taluk Office, Pattukottai Taluk. 3.The Village Administrative Officer, Ponnavarayankottai Panchayat Office, Ponnavarayankottai Post, Pattukottai Taluk. +1cc to Mr.S.Viajayashankar, Advocate SR.No.7328 +1cc to The Special Govt.Pleader SR.No.7374 Writ Petition (MD)No.2858 of 2011 21.03.2011 sms PA/08.04.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/