(1.) The Petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dtd. 26/8/2022 in Oo.Mo.No.4659/2022/E2, issued by the third respondent to conduct proper enquiry and issue class-II legal heirship certificate of the Petitioner's deceased sister in law namely, Ammaniyammal declaring the Petitioner namely, V.M.Vellaichamy and his sisters namely Ponnuthai and Packiyam as Class-II legal heirs of the deceased Ammaniyammal, wife of Muthusamy.
(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.
(3.) The case of the Petitioner is that the Petitioner is residing at the petition mentioned address and an agriculturist by profession.The Petitioner himself, his brother Muthusamy @ Thangavel, his sisters Ponnuthai and Pacikyam are the legal heirs of his father. The Petitioner's mother predeceased his father. The Petitioner's brother Muthusamy @ Thangavel also died on 3/11/2003.After his demise the surviving legal heir of his brother is his sister in law namely Ammaniyammal.The Petitioner's brother and Ammaniyammal has no children and Ammaniyammal also died on 4/3/2020 intestate. The said Ammaniyammal owned a house porperty in their village and has bank accounts in various banks and she has not made any settlement of the property.As there is no surviving Class-I legal heir for the deceased sister in law Ammaniyammal, the Petitioner, his sisters namely Ponnuthai and Packiyam applied for Class II legal heirship Certificate to the third respondent, who in turn had forwarded the same to the fourth respondent.The fourth respondent submitted a report to the third respondent and passed the impugned order on 26/8/2022, stating that as there is no surviving Class I legal heir, the Petitioner is directed to approach the appropirate Court for necessary relief and hence, the Petitioner has come forward with the present Writ Petition.