LAKSHMI JAGANNATHAN Vs. THASILDAR, TAMBARAM TALUK, TALUK OFFICE BUILDING
LAWS(MAD)-2020-11-264
HIGH COURT OF MADRAS
Decided on November 18,2020

Lakshmi Jagannathan Appellant
VERSUS
Thasildar, Tambaram Taluk, Taluk Office Building Respondents

JUDGEMENT

Pushpa Sathyanarayana, J. - (1.) The order dated 13.01.2020 passed by the respondent rejecting the Application No.TN-7201911121486 of the petitioner dated 12.11.2019, which was filed seeking Legal heir Certificate is put to challenge in this writ petition. The petitioner sought for a consequential direction to the respondent to issue the Legal Heirship Certificate.
(2.) The petitioner married one Ramachandran on 28.10.2009. For both of them, it is their second marriage. One Bhargavi Shankar was the petitioner's first husband having tied the knot on 21.08.1997 and they got two male children, namely, Krishnaswaroop Varati and Yuvan Harsha Varati. However, by mutual consent, which was recorded in the form of a settlement deed dated 06.03.2009, their marriage was dissolved on 30.03.2009 in M.C.No.632 of 2009 on the file of the Principal Judge, Family Court, Bangalore. Likewise, Ramachandran married one Anurada on 19.12.1996 and out of the said wedlock, they were blessed with two male children, namely, Sanath and Sharad. They obtained a decree of divorce on 10.07.2009 in O.P.No.1691 of 2009 on the file of the II Additional Family Court, Chennai.
(3.) On 09.10.2019 Ramachandran died. The petitioner filed Legal Heirship Certificate Application No.TN-7201911121486 before the respondent on 12.11.2019 annexing required documents. The petitioner also filed a notary affidavit on 15.11.2019 stating that one S.Senbagam, mother of the deceased Ramachandran, the sons of the deceased born through his first wife, namely Sanath, Sharad and herself are the legal heirs. The petitioner also claimed that the first wife of the deceased Anurada and her sons had also attended an enquiry on 12.12.2019 and made depositions in writing. However, the respondent passed the impugned order on 13.01.2020 negativing her request stating that a question arose in respect of the "natural guardian" of two boys, namely, Krishnaswaroop Varati and Yuvan Harsha Varati, who were born through the petitioner's first husband. One of the sons has already attained majority. Besides, the mother is alive as a natural guardian for them. Why should the respondent be worried about Guardianship of children, while issuing a Legal Heirship Certificate is un-understandable.;


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