ALIYA NATCHIYAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Writ petition had been filed in the nature of a Mandamus directing the respondents to decide the legal heir status of the brother of the petitioner by name K.Boominathan, particularly to give a declaration that the said K.Boominathan died unmarried in the legal heirship certificate of M.Karuppaiyathevar.

(2.) The petitioner in the affidavit filed in support of the writ petition has stated that she is the only daughter of M.Karuppaiyathevar and Avudayammal. She also had four brothers, namely, Veerabathiran, Mariappan, Karuppasamy and Boominathan. She was married to Mr.Vellaichamy, who was working in Government Rajaji Hospital at Madurai. Both the parents died more than ten years ago. Later her brothers Mariappan and Karuppasamy also died. It is claimed that her brother Boominathan was unmarried and he was under her care and guidance from five years of age. She had educated him. She had got him employment as Assistant, in Madurai Corporation Co-operative Thrift Society, through the Employment Exchange in 1994. He died consequent to an accident and health problems on 12.12. 2017. The petitioner performed the final rituals and ceremonies.

(3.) It is claimed that as the Class II legal heir of her brother, she had filed Succession Original Petition before the Principal Sub Court in Madurai, in S.O.P.No.19 of 2018, seeking to declare her as the legal heir of her brother. The said S.O.P.No.19 of 2018 is pending. In the meanwhile, the 6 th respondent / Mrs.Kala, who is described as wife of Mr.Kannan, and working as daily wage labour in Madurai Corporation, also obtained a legal heirship certificate, claiming that she was married to Boominathan. She had also obtained a ration card and also a legal heirship certificate. This had created problems. Now there are two legal heirship certificates issued, in one, K.Boominathan was shown as unmarried and in the other, K.Boominathan was shown as married to the 6th respondent Mrs. Kala. It is under these circumstances, the petitioner had come forward before this Court seeking a declaration against the respondents to decide the marital status of K.Boominathan and to decide which one of the two legal heirship certificate is a correct legal heirship certificate.