TMT.NATHAKUMARI Vs. THASILDAR

JUDGEMENT

(1.) This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

(2.) The petitioner states that she is the wife of one Hemadri having married on 02.02.1958. Out of the wedlock, a daughter and two sons were born, namely, Premalatha, Suresh Kumar and Sambath Kumar. The husband of the petitioner had died on 29.08.1996. He had also duly nominated the petitioner and her sons, to receive the family pension. While so, the second respondent had filed O.A.No.11 of 2011 before the Central Administrative Tribunal seeking a direction against the employer of the petitioner's deceased husband and sought for 50% Family Pension claiming to be the third wife of the deceased person. The said application was rightly dismissed on 20.12.2010. Challenging the said order, the second respondent preferred W.P.No.23497 of 2012 and this Court dismissed the said writ petition also holding that she is not a legally wedded wife.

(3.) In the meanwhile, the respondents 2 to 4 have obtained legal heirship certificate from the first respondent on 03.10.1996 suppressing the fact that the first wife and the children are alive. Immediately, the petitioner seems to have filed an Original Suit in O.S.No.262 of 2012 before the learned I Additional District Munsif, Coimbatore against her sons declaring herself and her daughter as legal heirs of the deceased husband. The suit was decreed on 10.04.2013. Now, it is stated that under the guise of wrong legal heir certificate obtained by the respondents 2 to 4, they are trying to mutate all the revenue records in their names in respect of immovable properties standing in the name of the peititioner's deceased husband. Therefore, the petitioner has approached this Court for Certiorari to quash the legal heir certificate issued by the first respondent in D.Dis.No.13788/96/A-10 dated 03.10.1996.