D. RAMALAKSHMI Vs. TAHSILDAR, TALUK OFFICE

JUDGEMENT

(1.) ORDER , dated 08.08.2012, of the Tahsildar, Srivaikundam Taluk, Tuticorin District, rejecting the request of the petitioner to issue a legal heir certificate for the death of her husband, S.Dharmaraj, is challenged in this writ petition. The petitioner, claiming herself to be the wife of S.Dharmaraj and entitled to his retiral benefits, such as gratuity, provident fund, pension, etc., has also sought for a Mandamus to the Tahsildar, Srivaikundam Taluk, Tuticorin District, to issue a legal heir certificate.

(2.) ASSAILING the correctness of the order of the Tahsildar, Srivaikundam Taluk, Mr.D.Selvanayagam, learned counsel for the petitioner submitted that the Tahsildar, without considering the statements of the Village Administrative Officer, dated 01.03.2012 and the Revenue Inspector, dated 05.03.2012, has mechanically rejected the request, for issuance of legal heir certificate, to which the petitioner is entitled.

(3.) AS rightly contended by the learned counsel for the petitioner, the Tahsildar has not adverted to the statements of the Village Administrative Officer and the Revenue Inspector. During the course of hearing, learned counsel for the petitioner submitted that there was a strained relationship between the petitioner and her husband, and that since the petitioner husband has failed to maintain her, proceedings were initiated under Section 125 Cr.P.C. for maintenance and that there was also an order passed by a learned Magistrate ordering maintenance. According to the learned counsel, until the death of the petitioner 's husband, the said order was in force.