[Cites 4, Cited by 0]
Kerala High Court
Anwar Hussain A vs The Tehsildar on 13 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:12316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 5946 OF 2025
PETITIONERS:
1 ANWAR HUSSAIN A
AGED 64 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAYIKKARA MANSION,
T.P. NAGAR- 149, THAMARAKULAM,
BEACH ROAD, KOLLAM, PIN - 691001
2 NAZEER A
AGED 66 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAITHAVARAM BUNGLOW, KANKATHUMUKKU,
KOLLAM WEST VILLAGE, KOLLAM, PIN - 691012
3 ABDUL KALAM A
AGED 69 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAITHAVARAM BUNGLOW, KANKATHUMUKKU,
KOLLAM WEST VILLAGE, KOLLAM, PIN - 691012
BY ADVS.
SRI.SHASHANK DEVAN
SRI.K.M.ANEESH
SRI.ADARSH KUMAR
SRI.YADU KRISHNAN P.M.
RESPONDENTS:
1 THE TEHSILDAR, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691001
2 THE VILLAGE OFFICER, VILLAGE OFFICE,
KOLLAM EAST, KOLLAM, PIN - 691001
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W.P.(C) No.5946/2025
:2:
3 THE VILLAGE OFFICER, KOLLAM WEST
VILLAGE OFFICE, KOLLAM DISTRICT, PIN - 690013
4 JUVAIRY SALAM, AGED 59 YEARS
W/O.LATE ABDUL SALAM A., KAITHAVARAM BUNGLOW,
KANKATHUMUKKU, KOLLAM WEST VILLAGE, KOLLAM,
PIN - 691012
5 AMINA AADHIL, AGED 36 YEARS
W/O.M.N. AADHIL URSH, KAIKKARA BUNGLOW,
POOJAPPURA P.O., THIRUVANANTHAPURAM,
PIN - 695012
6 FATHIMA NIYAZ
AGED 38 YEARS
W/O.NIYAZ, KAIKKARA HOUSE, MUSLIYAR NAGAR-20,
KILIKOLOOR P.O., KOLLAM, PIN - 691004
7 AYSHA SALAM
AGED 34 YEARS
W/O.MUHAMMED IRFAN, 'ASNA', K.B. NAGAR-118,
MADAN NADA, THEKKEVILA, KOLLAM, PIN - 691016
8 KHADEEJA SALAM
AGED 30 YEARS
W/O.BINSHAD M, KAITHAVARAM BUNGLOW,
KANKATHUMUKKU, KOLLAM WEST VILLAGE,
KOLLAM, PIN - 691012
BY ADVS.
SRI.T.M.ABDUL LATHEEF
SMT.ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.10.2025, THE COURT ON 13.02.2026 DELIVERED
THE FOLLOWING:
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W.P.(C) No.5946/2025
:3:
CR
N. NAGARESH, J.
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W.P.(C) No.5946 of 2025
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Dated this the 13th day of February, 2026
JUDGMENT
~~~~~~~~~
The petitioners, who are children of late
Ahemmed Hussain and late Shereefa Beevi, seek to issue a
writ of mandamus directing the 1st respondent-Tahsildar to
issue legal heirship certificate as per Ext.P3 by effecting
requisite notification in gazette in accordance with law and
incorporating the names and relevant particulars of the writ
petitioners and respondents 4 to 8 as the legal heirs of late
Shereefa Beevi.
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2. Petitioners 1 to 3 are the children of late
Ahemmed Hussain and late Shereefa Beevi. They are
brothers of late Abdul Salam. Father Ahemmed Hussain
passed away in the year 1980. Mother Shereefa Beevi
expired on 12.11.2023. Abdul Salam A., brother of the
petitioners, died on 03.12.2023. The 4th respondent is the
wife of the deceased brother. Respondents 5 to 8 are his
children.
3. The 1st petitioner filed Ext.P3 application
dated 29.07.2024 before the Tahsildar seeking issuance of
legal heirship certificate in respect of the deceased mother.
The details of legal heirs are provided in Ext.P3 application.
They also submitted Ext.P4 application for legal heir
certificate in respect of the deceased brother.
4. The petitioners state that they have
produced necessary documents to enable the Tahsildar to
verify and issue legal heir certificate. Statements of the
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petitioners and neighbours were also given. The
respondents made requisite verification. However, the 1st
respondent did not issue legal heirship certificate.
5. The 1st petitioner therefore filed W.P.(C)
No.31257/2024. This Court delivered Ext.P5 judgment
directing the respondents to process the applications and
take a decision in accordance with law within one month.
Respondents 4 to 8 had filed W.A. (Filing) No.1791/2024
challenging Ext.P5 judgment. The writ appeal did not
question the relationship between the parties. The appellants
do not have a case that they are not legal heirs of the
deceased persons. The writ appeal was disposed of as per
Ext.P7 judgment holding that it is not necessary to entertain
the appeal.
6. The 1st respondent, however, rejected the
applications for legal heirship certificates as per Exts.P8 and
P9 orders. The applications are rejected on the ground that
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there are disputes between the legal heirs concerned and in
order to ascertain who are the legal heirs, civil court has to be
approached to obtain a Succession Certificate or that
Administrator General's office has to be approached to obtain
Administration Certificate. The petitioner states that the
reasons given by the Tahsildar are unsustainable and are not
sufficient to reject application for legal heirship certificate.
7. The counsel for the petitioners argued that
Exts.P8 and P9 are based on incorrect understanding and
ipse dixit interpretation of the Kerala Village Office Manual.
The 1st respondent has mechanically rejected the application.
There is no serious dispute that the writ petitioners and
respondents 4 to 8 are the legal heirs. Exts.P8 and P9 are
issued without hearing the petitioners. The 1st respondent is
therefore compellable to issue legal heirship certificates as
requested by the 1st petitioner, contended the counsel.
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8. The 1st respondent filed counter affidavit.
The 1st respondent stated that the petitioners filed application
for legal heirship certificate of deceased brother A. Abdul
Salam and their mother Shereefa Beevi. The petitioners
stated that late Abdul Salam has only daughters. He
asserted that as per Shariyat law, the brother of the
deceased should also be included as legal heir along with
daughters.
9. The 1st respondent stated that neither the
wife or the children of deceased Abdul Salam have filed
application for legal heirship certificate. They refused to give
their statement before the Village Officer, Kollam West on the
applications filed by the petitioners. The daughters of the
deceased filed objections against issuance of the certificate.
There is no illegality in Exts.P8 and P9.
10. Respondents 4 to 8 also resisted the writ
petition and filed counter affidavit. Respondents 4 to 8
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submitted that legal heirship certificates are intended
specifically for movable assets, the value of which is less
than ₹5,000/-. There is no question of issuance of legal
heirship certificate where the asset value is more than
₹5,000/-.
11. Respondents 4 to 8 pointed out that the 1st
petitioner himself has filed OS No.661/2024 in the Munsiff's
Court, Kollam alleging that a Clause in the partnership deed
affects his right to inherit the partnership asset left behind by
the deceased. The said Suit was returned for re-presentation
before the commercial court. The matter is now pending
before the Additional District Court, Kollam as CMA
No.2/2025. The petitioners are not legal heirs of A. Abdul
Salam. The petitioners who claim as full brothers cannot be
treated as legal heirs entitled to inherit the property of the
deceased.
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12. I have heard the learned counsel for the
petitioners, the learned Government Pleader appearing for
respondents 1 to 3 and the learned counsel appearing for
respondents 4 to 8.
13. Exts.P3 and P4 are the applications
submitted by the petitioners for legal heirship certificate.
Ext.P3 application is in respect of the petitioners' mother and
Ext.P4 is in respect of the petitioners' brother. Both the
applications stand rejected on the ground that there are
disputes relating to issuance of legal heirship certificate. The
rejection is challenged by the petitioners.
14. Legal heirship certificates are issued by the
Tahsildars on the basis of Clause 261 of the Kerala Village
Office Manual. Clause 261 reads as follows:
"261. പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് (ഹഹെയർഷപിപറ്റ്
സർടപിഫപിക്കററ്റ് ) - മരപിച്ചുപപച്ചായ ഒരു വവ്യകപി, സർക്കച്ചാരപിപലച്ചാ
മറ്റു സച്ചാപനങ്ങളപിപലച്ചാ നപിപക്ഷേപപിചപിട്ടുള്ള സമച്ചാദവ്യവവ
സർക്കച്ചാരപിൽ നപിപനച്ചാ മറ്റു സച്ചാപനങ്ങളപിൽ നപിപനച്ചാ പ്രസ്തുത
വവ്യകപിക്കറ്റ് ലഭപിക്കച്ചാൻ അർഹെതയുള്ള മറ്റു തുകകളവ
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വച്ചാങ്ങുനതപിനുപവണപി അയച്ചാളഹട അനന്തരച്ചാവകച്ചാശപികൾക്കറ്റ്
പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് ഹെച്ചാജരച്ചാപക്കണതുണറ്റ്..
പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് നൽകുവച്ചാൻ
തഹെസപിൽദച്ചാഹരയച്ചാണു അധപികച്ചാരഹപ്പെടുതപിയപിട്ടുള്ളതറ്റ്.
എനച്ചാൽ പപിന്തുടർചച്ചാവകച്ചാശവ വഴപി അപപക്ഷേകനറ്റ്
ലഭപിക്കുവച്ചാനുള്ള തുക 5000 രൂപയപിൽ കവപിയുനതച്ചായച്ചാൽ
തഹെസപിൽദച്ചാർ സർടപിഫപിക്കററ്റ് നൽകുവച്ചാൻ പച്ചാടുള്ളതല.
അതരവ പകസ്സുകളപിൽ കക്ഷേപികൾ സപിവപിൽ പകച്ചാടതപിയപിൽ
നപിനവ സഹക്സെഷൻ സർടപിഫപിക്കററ്റ് വച്ചാപങ്ങണതച്ചാണറ്റ്.
പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കറപിനുള്ള അപപക്ഷേ ലഭപിച്ചു
കഴപിഞച്ചാൽ ഉടൻ തഹന വപിപലജറ്റ് ഓഫഫീസർ
അപപക്ഷേകഹന്റെയുവ, അയൽക്കച്ചാരുഹടയുവ ഹമച്ചാഴപി വച്ചാങ്ങപി
ജച്ചാതപി നഫീതപി (പപഴ്സണൽ ലച്ചാ) അനുസരപിച്ചു അവകച്ചാശപികൾ
ആഹരലച്ചാമച്ചാഹണന തപിടഹപ്പെടുതപി തഹെസപിൽദച്ചാർക്കറ്റ്
റപിപപ്പെച്ചാർടറ്റ് സമർപ്പെപിപക്കണതുവ ആയതറ്റ് ഗസറപിൽ
പരസവ്യഹപ്പെടുതപി ആപക്ഷേപങ്ങൾ പരഖഹപ്പെടുതപി തഫീർച
ഹചെയ്തതപിനുപശഷവ സർടപിഫപിക്കററ്റ് നൽപകണതുമച്ചാണറ്റ്.
തർക്കമുള്ള പകസ്സുകഹളലച്ചാവ സപിവപിൽ പകച്ചാടതപി മുഖച്ചാന്തപിരവ
തഫീർച ഹചെയ്യണതച്ചാണറ്റ്."
15. From Clause 261, it is clear that legal
heirship certificate is issued in order to enable the legal heirs
to receive any savings or deposits made by the deceased. It
is also clear that if the value of the claim is more than
₹5,000/-, the Tahsildar should not issue legal heirship
certificate. In such cases, the parties should go to civil court
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and obtain Succession Certificate.
16. In the judgment in W.P.(C) No.13305/2018,
this Court considered legality of rejecting application for
heirship certificate. Relying on the judgment of this Court in
Vishalakshi v. Bank of India [2006 (2) KLT 488], this Court
held that a Succession Certificate can be applied for only in
respect of debts and securities and cannot be granted in
respect of immovable property.
17. Usually, a legal heirship certificate serves to
identify the relationship of the heirs to the deceased person.
Clause 261 of the Kerala Village Office Manual provides that
the heirs of a deceased person shall produce heirship
certificate issued by the Tahsildar for receiving the savings
deposited by the deceased with the Government or other
institutions.
18. G.O.(MS) No.359/67/RD dated 10.08.1967
which deals with issuance of heirship certificate provides that
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the certificate is to be issued for receiving the savings deposit
by the deceased with the Government or other institutions or
other eligible amount due to the deceased from Insurance
Company or other institutions.
19. G.O.(MS) No.359/67/RD dated 10.08.1967
further provides that as per Part III of the KSR, the arrears of
pension of a deceased pensioner can be paid to the heirs of
the deceased to the extent of ₹1,00,000/- on production of a
legal heriship certificate issued by the Tahsildar under the
State Government in whose jurisdiction the pensioner lived
and died or was drawing his pension or in whose jurisdiction
the heirs of the deceased live.
20. The G.O. further provides that the heirship
certificate should be issued by the Tahsildars on applications
submitted by the claimants concerned, after enquiring into the
claims through the Village Officer concerned. The G.O. also
provides for publication in Gazette, enquiry into the objection,
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etc. In Renuka K.K. v. State of Kerala and others [2018
(5) KHC 601], this Court held that heirship certificates are
intended specifically for movable assets, the value of which is
less than ₹5,000/-.
21. A Full Bench of the Hon'ble High Court of
Judicature at Madras considered the question of issuance of
legal heirship certificate in W.P. No.25247/2021 and
connected cases in the context of guidelines prescribed by
the Special Commissioner for Revenue Administration for
issuance of legal heirship certificate. The Full Bench of the
High Court of Judicature at Madras held as follows:
A. Legal heirship is a status governed by the
respective personal law of parties through various
statutes. The certificates issued by the Tahsildar
amount to nothing more than a relationship
certificate reflecting the opinion of the Tahsildar as to
the relationship of the applicant and others named
therein with the deceased. Consequently, the
certificate issued by the Tahsildar does not affect the
legal right of any party and has no bearing on the
status of a legal heir which is conferred on an
individual under his/her personal law.
B. An administrative circular does not have the
force of law and does not bind the citizen or the
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Court. They, however, bind the Tahsildar as a
measure of ensuring administrative discipline and
securing consistency in decision-making. The
discretion of the Tahsildar is circumscribed by these
administrative instructions which may be issued,
from time to time, by the Commissioner of Land
Administration.
C. Consequently, a writ of mandamus under Article
226 of the Constitution will not lie to direct the
Tahsildar to issue a legal heirship certificate
contrary to the terms of a circular. An exception to
the aforesaid principle is where the circular, ex-
facie, suffers from the vice of arbitrariness or
perversity or runs counter to any provision of law. In
such cases, it is open to the Court to ignore the
circular and grant such relief(s) as may be
permissible in law.
D. In the absence of any conflict with any primary
or delegated legislation holding the field, G.O. Ms.
No.581 Revenue Department dated 03.04.1987
casts a duty on the Tahsildar to issue a legal
heirship certificate as per the norms and guidelines
prescribed by the Commissioner of Land
Administration. G.O. Ms.No.581 Revenue
Department dated 03.04.1987 is undoubtedly a law
as it has been issued in exercise of executive power
under Articel 162 of the Constitution of India.
Consequently, when the Tahsildar keeps the
application pending and does not decide on it one
way or the other, a writ of mandamus may be issued
by the High Court directing the Tahsildar to decide
the application in terms of G.O.Ms.No.581 Revenue
Department dated 03.04.1987 and the applicable
circulars. The decisions in N.Dhanalakshmi (supra)
and E. Thirumurthy (supra), to the extent that they
hold that the Tahsildar has no power to issue a
certificate of this nature, will stand overruled.
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E. A legal heirship certificate issued by a Tahsildar
cannot be equated to a succession certificate issued
by a Court under Part X of the Indian Succession
Act, 1925, in respect of the debt or securities. In this
view of the matter, the High Court, in exercise of
Article 226 of the Constitution of India, does not
create any new mechanism as stated in the order of
reference.
22. Considering Clause 261 of the Village Office
Manual of the Government of Kerala and the Government
Orders issued in this regard, it is evident that a legal heirship
certificate can be issued when the claim of the applicant in
respect of his right to inheritance is not exceeding ₹5,000/-.
As far as government servants are concerned, legal heirship
certificate can be issued to the heirs of government servant,
provided the amount due to the deceased government
servant does not exceed ₹1,00,000/-. Legal heirship
certificate can also be issued for disbursement of
compensation under the third party insurance scheme or
under directions to parties by liquidators and Co-operative
Societies, Bank and other institutions.
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23. In the case of the petitioners, Exts.P3 and
P4 applications would show that the petitioners have applied
for legal heirship certificate, not to claim any amount up to
₹5,000/-. It is not an application by legal heirs of government
servants either. The petitioners have applied for legal
heirship certificate in order to produce before Court of law.
The petitioners cannot seek legal heirship certificate for the
purpose of producing the same before a Court. The
petitioners cannot seek a writ of mandamus for issuance of
legal heirship certificate by the Tahsildar concerned, for that
purpose.
The writ petition is therefore without any
merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/10.02.2026
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APPENDIX OF WP(C) NO. 5946 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF DEATH CERTIFICATE OF
LATE SHEREEFA BEEVI DATED 21-12-2023
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, KOLLAM CORPORATION
Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE
OF LATE ABDUL SALAM DATED 01-03-2024
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, THRIKKOVILVATTOM GRAMA
PANCHAYAT
Exhibit P2(A) A TRUE COPY OF FAMILY MEMBERSHIP
CERTIFICATE DATED 29-10-2024 ISSUED BY
THE 3RD RESPONDENT TO THE 2ND
PETITIONER
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
29-07-2024 ALONG WITH COVERING LETTER
FILED BY THE 1ST PETITIONER BEFORE THE
RESPONDENT NO.1 REQUESTING TO ISSUE
HEIRSHIP CERTIFICATE OF THE DECEASED
MOTHER, LATE. SHEREEFA BEEVI
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED
29-07-2024 AND COVERING LETTER FILED
BY THE 1ST PETITIONER BEFORE THE
RESPONDENT NO.1 REQUESTING TO ISSUE
HEIRSHIP CERTIFICATE OF DECEASED
BROTHER LATE. ABDUL SALAM. A.
Exhibit P5 A TRUE COPY OF JUDGMENT DATED 04-09-
2024 IN WP© NO. 31257/2024 PASSED BY
THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF THE RELEVANT PORTION OF
MEMORANDUM OF WRIT APPEAL IN WA NO.
1791 /2024( FILING NO.) WITHOUT
ANNEXURES, EXHIBITS, WP© COPY,
PETITION SEEKING FOR ACCEPTING
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ADDITIONAL DOCUMENTS, LEAVE PETITION,
MEMO OF APPEARANCE, UNDERTAKING ETC.
Exhibit P7 A TRUE COPY OF JUDGMENT DATED 21-11-
2024 IN WA NO. 1791/2024 ( FILING NO.)
Exhibit P8 A TRUE COPY OF ORDER DATED 19-12-2024
ISSUED BY THE 1ST RESPONDENT
PERTAINING TO APPLICATION SUBMITTED
FOR LEGAL HEIRSHIP CERTIFICATE
PERTAINING TO LATE. SHEREEFA BEEVI
Exhibit P9 A TRUE COPY OF ORDER DATED 19-12-2024
ISSUED BY THE 1ST RESPONDENT
PERTAINING TO APPLICATION SUBMITTED
FOR LEGAL HEIRSHIP CERTIFICATE
PERTAINING TO LATE. ABDUL SALAM A.
RESPONDENTS' EXHIBITS
Exhibit R1(a) TRUE COPY OF THE APPLICATION FILED BY
THE AMINA ADHIL
Exhibit R1(b) TRUE COPY OF THE OBJECTION FILED BY
DAUGHTERS OF THE DECEASED
Exhibit R5(a) TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDNET NO 4 DATED 22-03-2025
Exhibit R5(b) TRUE COPY OF THE OBJECTION FILED BY
RESPONDENTS NO. 5 AND 7 DATED 21-08-
Exhibit R5(c) COPY OF THE OBJECTION DATED 12-09-2024
Exhibit R5(d) TRUE COPY OF THE ORDER DATED
21.11.2024 IN WA NO 1179OF 2024
Exhibit R5(e) TRUE COPY OF THE JUDGMENT IN W P ( C )
13305 OF 2018 DATED 06.10.2021
Exhibit R5(f) COPY OF THE JUDGMENT IN WP(C) 28896 OF
2017 DATED 28.11.2017
Exhibit R5(g) COPY OF THE INTERIM ORDER DATED 19-12-
2024 IN IA 2/2024 IN OS 661/2024 OF
MUNSIFF COURT KOLLAM
Exhibit R5(h) COPY OF THE INTERIM ORDER DATED 20-01-
2025 IN LA.NO.01 OF 2025 IN CMA.NO.02
OF 2025 OF THE ADDL. DISTRICT COURT,
KOLLAM
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Exhibit R5(i) TRUE COPY OF THE I A 1/2025 IN OS
19/2025 BEFORE SUB COURT KOLLAM
Exhibit R5(j) COPY OF THE PLAINT IN 0.S.NO.445/2020
DATED 3.8.2020, FILED BY THE 1
PETITIONER
Exhibit R5(k) COPY OF THE JUDGMENT IN OP(DRT)
NO.211/2024 DATED 10.7.2024
