Kerala High Court
Vinutha.H vs The Tahsildar on 16 April, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 24174 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WP(C) NO. 24174 OF 2024
PETITIONERS:
1 VINUTHA.H,
AGED 68 YEARS
W/O. KESHAVA KOTTEYAR, NO.254, 5 TH MAIN ROAD,
CANARA BANK COLONY, NAGARABHAVI MAIN ROAD,
BANGALORE NORTH, BENGALURU, KARNATAKA-, PIN -
560072
2 KISHORE.H,
AGED 66 YEARS
S/O. LATE H.SHANTHARAM, NO. 152, 3 RD MAIN ROAD,
4 TH CROSS ROAD, GKW LAYOUT, RAJAGOPALNAGAR,
PEENIYA 2 ND STAGE BANGALORE NORTH, PEENIYA SMALL
INDUSTRIES, BANGALURU, KARNATAKA, PIN - 560058
3 NAMITHA PRASANT RAO,
AGED 59 YEARS
W/O. PRASANTH RAO, FLAT NO. 12, STERLING
APARTMENT, HOLY CROSS ROAD, OPP.SBI ATM IC
COLONY, BORIVALI WEST, MUMBAI, MAHARASHTRA-, PIN
- 400103
BY ADVS.
K.V.SREE VINAYAKAN
BALAKRISHNAN M.
CHANDRAKANTH K. ULLAS
STEPHY THOMAS
RESPONDENTS:
1 THE TAHSILDAR,
HOSDURG, KANHANGAD KASARGOD, PIN - 671315
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WP(C) NO. 24174 OF 2024
2
2 THE VILLAGE OFFICER,
HOSDURG, KANHANGAD KASARGOD, PIN - 671315
GOVERNMENT PLEADER SRI. B.S. SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 24174 OF 2024
3
C.S.DIAS,J.
====================
W.P.(C)No.24174 of 2024
------------------------------------ --
Dated this the 16th day of April, 2025
JUDGMENT
The petitioners are the legal heirs of late
B.Vijayalakshmi (deceased) and her husband
H.Shantharam, who predeceased his wife. After the
death of Shantharam, the deceased had shifted her
residence to Bangalore. The petitioners and the
deceased are the joint owners of the property covered
by Ext.P4 tax receipt situated in Hosdurg. The
petitioners are paying building tax for the building
constructed in the property. On 25.12.2023, 1 st
petitioner had submitted an application for a legal
heirship certificate of the deceased. Since, there was
no response from the respondent, the petitioners made
an application under the Right to Information Act. It
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was then informed that the petitioners' application for
legal heirship certificate was summarily rejected. The
petitioners' application was rejected for the reason that
they are not residing within the Hosdurg village, even
though the property is situated in the above village.
Ext.P7 order is arbitrary and illegal. Hence, the writ
petition.
2. The 1st respondent has filed a statement,
denying the allegations in the writ petition. He has
contended that as the petitioners are not residing
within the territorial jurisdiction of the Village Office,
Hosdurg. The statements of the 1st petitioner and two
neighbours could not be recorded. It is only for the
said reason that the application was rejected.
However, the deceased and the petitioners are the
joint owners of the properties in Hosdurg Village. There
is no illegality in rejecting the petitioners' application
for legal heirship certificate. Hence, the writ petition
may be dismissed.
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3. Heard; the learned counsel for the
petitioners and the learned Government Pleader.
4. Ext.P4 tax receipt issued by the 2 nd
respondent substantiates that the deceased and the
petitioners are the co-owners of the properties
mentioned in the tax receipt. Ext.P5 building tax
receipt shows that a building is constructed in the
property covered by Ext.P4, which also belongs to the
petitioners and the deceased.
5. The sole reason for rejecting the petitioners'
application for legal heirship certificate is that, the
petitioners are not residing within the territorial
jurisdiction of the 2nd respondent.
6. In the above context, it is profitable to refer
to paragraph 213, 215 and 236 of the Village Manual
which reads as follows:-
213. Applicant - (1) In normal circumstances it is mandatory for
a person to be an Indian Citizen in order to apply for all kind of
certificates in the Revenue Department. However, this stipulation is not
applicable for the people who have roots in India, have renounced
Indian Citizenship and accepted citizenship elsewhere. Such people
can submit applications for various certificates before the Village Officer
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within the limits of the village where they stayed last or before the
Tahsildar concerned. Moreover, foreigners who have obtained land in
India, can submit applications for various certificates pertaining to the
land before the Village Officer where, the land is situated or before the
Tahsildar concerned.
(2) The person submitting the application must have
attained majority as prescribed in the Indian Majority Act of 1875. In
situations where certificate is required for minors or mentally challenged
persons, the applications shall be submitted by parents or legal
guardians. While submitting application through e-district or otherwise,
the name of the person in whose name certificate is to be issued should
be recorded against the column for the person who needs certificate,
even if the person is a minor. In such applications for certificates in the
name of minors, the name of the parent or legal guardian shall be
written against the portion assigned for the name of the applicant at the
end of the application form and the relation between the applicant and
the person who needs certificate shall also be recorded there.
(3) Since the geographical jurisdiction of various officers
in the Revenue Department has been determined, the application should
be submitted before the officer under whose jurisdiction the applicant's
permanent residence falls. Permanent residence means the area where
a person has been residing permanently and with his family for more
than six months and has acquired immovable or movable property. In
case of temporary residence in another area for work-related or
educational purposes, applications for certificates should not be
accepted at the Revenue Offices of the place of temporary residence
even if the said period exceeds six months. However, the permanent
residence condition is not applicable to land-related certificates and the
application can be submitted before the officer in whose jurisdiction the
land is situated. In any such application for certificate, court fee stamp
need not be affixed from 1.4.2019.
"215. General Procedures to be Followed on an Application: (1)
The general procedures to be followed upon receiving applications for
various certificates include document verification, local inquiry, and
obtaining an affidavit from the applicant or nearby residents. The
applicant's permanent residence is usually verified through the ration
card. In the absence of a ration card, a permanent residence certificate
issued by the local self-government authority and the information
obtained from the local inquiry may be considered as proof of permanent
residence. For foreign nationals and Non-Resident Indians, the Village
Officer is responsible for verifying and examining copies of authentic
documents such as passports, which serve as proof of citizenship, along
with their application.
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236.1. Certificate of Succession (1) It has been stipulated that the
certificates of succession granted by the Tahsildar, subject to certain
financial limits, shall be sufficient in lieu of the certificates of succession
issued by the Civil Courts for the purpose of obtaining the amounts due
to the deceased Government servant by their heirs under article 95(b) (i)
of the Kerala Financial Code, Volume-1, or for the purpose of obtaining
the pension arrears of a deceased service pensioner by their heirs under
rule 170 of Part III of the Kerala Service Rules, or for the purpose of
obtaining the deposit amount by the heirs in the event of the death of a
depositor in the Treasury Savings Bank under rule 42(b) of Appendix-3
of the Kerala Treasury Code, Volume-II. In addition to the above
circumstances, the Tahsildar may grant a certificate of succession,
subject to a limit of five lakh rupees, in cases where the heirs are entitled
to compensation under a third-party insurance scheme, or in instances
where the heirs are entitled to funds from liquidators, cooperative
societies, banks, and other institutions. In cases other than those
mentioned above, or in cases involving a dispute, an application shall be
submitted for a succession certificate from the civil courts, or for an
administration certificate from the office of the Administrator General in
Ernakulam, to determine the heirs."
7. It is undisputed that the petitioners are the
legal heirs of the deceased and late H. Shantharam. In
fact, by Ext.P1 legal heirship certificate, the 1 st
respondent has issued a legal heirship certificate that
the petitioners and the deceased are the legal heirs of
H.Shantharam, who is the father of the petitioners and
the husband of the deceased.
8. On an analysis of the provisions of the
Village Manual, it would have to be understood that, it
is the Revenue Department where the property is
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situated that that is to issue the legal heirship
certificate of the deceased. It would be preposterous to
assume that it is the Revenue Department of State of
Karnataka that has to issue a legal heirship certificate
in respect of the property in Kerala covered by Ext.P4
land tax receipt, that the petitioners are the legal heirs
of the deceased. As the properties situated within the
territorial jurisdiction of the 2 nd respondent, I do not
find any legal impediment in the 1st respondent issuing
a legal heirship certificate in favour of the petitioners
with respect to property covered by Ext.P4 land tax
receipt. Therefore, I am of the definite view that the
1st respondent to issue a legal heir certificate certifying
that the petitioners are the legal heirs of late
B.Vijayalakshmi. However, the petitioners would have
to comply with the procedure contemplated under
paragraph 215 of the Village Manual by making
themselves available for the local enquiry. After
conducting the enquiry, the 1st respondent is directed
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to issue the legal heirship certificate in favour of the
petitioners.
In the aforesaid circumstances, I allow the writ
petition in the following manners:-
(i) Ext.P7 order is quashed.
(ii) The 1st respondent is directed to re-consider
the application filed by the petitioners for the legal
heirship certificate of the deceased.
(iii) The 1st respondent shall issue notice to the
petitioners in the address mentioned in the writ
petition, asking them to appear before him on a
particular date, which shall be within one month from
today. On the said date, the 1st respondent shall record
the statements of the petitioners and their witnesses.
(iv) The 1st respondent is directed to issue the
certificate certifying that the petitioners are the legal
heirs of the deceased as per the procedure established
by law.
(v) The above exercise shall be carried within an
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outer time limit of four months from the date of
production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/9/4/2025
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WP(C) NO. 24174 OF 2024
APPENDIX OF WP(C) 24174/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEGAL HEIR SHIP
CERTIFICATE ISSUED BY THE TAHSILDAR,
HOSDURG DATED 17-02-1999 TO THE LEGAL
HEIRS OF DECEASED H.SHANTHARAM
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE REGISTRATION AUTHORITY,
GOVERNMENT OF KARNATAKA DATED 16-09-2023
Exhibit P3 TRUE COPY OF THE GENEOLOGY CONFORMATION
LETTER OF LATE B.VIJAYALAKSHMI AND THE
PETITIONERS ISSUED BY THE DEPUTY
TAHSILDAR, YASHWANTHPUR-2, HOBLI,
BANGALORE NORTH TALUK, BANGALORE
DISTRICT DATED 27-11-2023
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL14021102089/2023 DATED 24-04-2023
ISSUED BY VILLAGE OFFICER, HOSDURG
Exhibit P5 TRUE COPY OF THE RECEIPT NO.R-M140100-
24001812 ISSUED BY THE KANHANGAD
MUNICIPALITY DATED 19-04-2024 TO THE
PETITIONERS
Exhibit P6 TRUE COPY OF THE PRINTOUT EVIDENCING THE
PAYMENT OF FEE FOR THE LEGAL HEIR SHIP
CERTIFICATE
Exhibit P7 TRUE COPY OF THE ORDER NO.
TLKHOS/1663/2024-B3 DATED 04-04-2024
ISSUED BY THE STATE PUBLIC INFORMATION
OFFICER, TALUK OFFICE, HOSDURG INFORMING
THE REJECTION OF THE APPLICATION
Exhibit P8 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
MR. VISWAMITHRAN.S BEFORE THE 2ND
RESPONDENT DATED 10-07-2024
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Exhibit P9 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
MR. H.S. SURESHA BEFORE THE 2ND
RESPONDENT DATED 10 -07-2024
RESPONDENT ANNEXURES
ANNEXURE R1(A) TRUE COPY OF THE REPORT SUBMITTED BY THE
VILLAGE OFFICER
