Dr.V.S. Dorairaj vs The Tahsildar
2021 Latest Caselaw 21125 Mad

                                                                                   W.P. No.22479 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 22.10.2021

                                                        CORAM

                                   THE HONOURABLE MR. JUSTICE R. MAHADEVAN

                                                 W.P. No. 22479 of 2021


                  1. Dr.V.S. Dorairaj
                  2. Dr.S.Krishnakumari
                  3. Dr.V.S. Vijay                                                      .. Petitioner

                                                         Versus

                  The Tahsildar,
                  Amanjikarai Taluk Office
                  Chennai - 600 030                                                  .. Respondent

                         Petition filed under Article 226 of the Constitution of India, praying for
                  issuance of a Writ of Certiorarified Mandamus to call for the records in eh/fh/
                  vz; ,/1260/2021 dated 08.09.2021 and quash the same and consequently
                  direct the respondent to issue the legal heirship certificate to the petitioner's.

                  For Petitioner             :       Mr. K.S. Jeyaganeshan
                  For Respondent             :       Mr.G.Krishnaraja
                                                     Government Counsel

                                                       ORDER

Mr. G. Krishnaraja, learned Government Counsel takes notice for the

respondent. By consent of both the parties, the writ petition is taken up for

final disposal at the time of admission itself.

https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

2. The petitioners claim that their father late. V.T. Selvaraj was

blessed with four children, including the petitioners. It is further stated that

their other sister by name Rajakumari was given in marriage to one

Chandrasekaran but out of such wedlock, they were not blessed with any

children. It is also stated that the petitioner's sister's husband Chandrasekaran

died on 10.01.2020 and their sister Rajakumari also passed away on

02.08.2021. According to the petitioners, they are the surviving legal heirs to

succeed the estate of their sister Rajakumari. The petitioners therefore

submitted an application to the respondent on 07.09.021 for issuing a legal

heir certificate. However, the respondent rejected the application on the

ground that the petitioners are not the direct legal heirs and that the respondent

is not empowered to issue class II legal heirship certificate by virtue of the

Circular No. 09/2019 in Rc.No.RA.5(3)/180/2017 dated 24.09.2019 issued by

the Revenue Department. Aggrieved by the order dated 08.09.2021 of the

respondent, the petitioners have come up with this writ petition.

3. The learned counsel for the petitioners submitted that in similar

circumstances in WP (MD) No. 15901 of 2018 [N.R.Raja and others v. the

Tahsildar, Madurai South] by order dated 03.08.2018, this Court directed

the respondent therein to grant legal heir certificate to class II legal heirs also. https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

The relevant passage of the said order is usefully extracted below:

"4. Subsequently, this Court, in various orders passed in writ petitions, have been deprecating the practice of the Tahsildars in refusing to issue the certificate for class-II legal heirs. The orders passed in some writ petitions are extracted hereunder:-

"(i). In M.Arumugam & Others vs. The Tahsildar, Madurai South, Madurai and another reported in CDJ 2013 MHC 6017, it has been held as follows:-

“9. The petitioners are claiming themselves to be class II heirs. The Tahsildar pleads his inability to consider the case, as according to him, it would be very difficult to collect the details of the class II heirs. I am not inclined to accept the said submission.

10.The Revenue Department is having lower level officers, who are familiar with the people living in the concerned Village. There are revenue officers under the Tahsildar. There are also village officers functioning in the villages and they would be in a position to know the members of the family. The village Administrative Officer is expected to know each and every family of the village. He cannot plead ignorance about the relationship. The village Administrative Officer is the Revenue Co- ordinating Officer of the Revenue Department. The Village Administrative Officer must keep a close watch on the village and he should update his information. The problem of issuing a legal heir certificate to class II heirs could be resolves, in case a workable method is adopted by the revenue authorities. Since enquiry has to be made, the Tahsildar can direct the parties to produce birth certificates indicating the relationship. The Tahsildar can also conduct an enquiry in the village level through the Village Administrative Officer. In case, at a later point of time, it is turned out to be a false claim, it is open to the Tahsildar to can the certificate and even criminal action can be taken. The difficulty to identify the members of the class II heirs cannot be a reason to reject the request for issuance of legal heir certificates. Therefore I am of the view that the first respondent was not justified in passing the impugned order. Accordingly, the impugned order is quashed."

(ii). In W.P.(MD)No.37214 of 2015 (T.S.Renuka Devi, rep by her guardian and next friend K.Swaminathan vs. The https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

Tahsildar, Mambalam-Guindy Taluk, Chennai-78), it has been observed as under:-

“5.Admittedly, Class I heirs of the said G.Parvathi predeceased her. It is not in dispute that the father of the petitioner is her only surviving legal heir. Therefore, as per the Schedule appended to the Hindu Succession Act, 1956, the petitioner being Class II legal heir, is entitled to succeed the property left out by the said Parvathi, if no other direct legal heir is available. In the enquiry, the respondent has also admitted the same, but he refused to issue a certificate to the petitioner. In my considered view, the order so passed by the respondent is not sustainable and hence, the same is liable to be set aside.

6.Accordingly, the writ petition is allowed and the order dated 05.12.2013 passed by the respondent is set aside. The petitioner is permitted to submit a fresh application along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such submission, the respondent is directed to conduct enquiry by affording an opportunity of personal hearing to the petitioner in accordance with law, within a period of six weeks thereafter. No costs. Consequently connected miscellaneous petition is closed."

(iii). In W.P.(MD)No.5586 of 2017 (R.Lokesh Kannan Vs. The District Collector, Madurai District and anothers), it has been held as follows:-

“5. It is the specific case of the petitioner that his brother died as a bachelor and except the petitioner, there are no legal heirs, since his parents have already passed away. In the judgment referred by the learned counsel for the petitioner, this Court has held that if Clause-I heirs are not live, Clause-II heirs are entitled to get the legal heirship certificate from the Competent Authority. Hence the application of the petitioner cannot be rejected merely on the ground that there is no direct legal heir of the deceased.

6.In view of the above facts, this writ petition is disposed of directing the petitioner to submit a fresh application to the second respondent enclosing this order copy and the orders passed in the writ petition referred above, within a period of two weeks from the date of receipt of the copy of this order.

On such receipt, the second respondent shall consider the https://www.mhc.tn.gov.in/judis/ petitioner's application and pass orders on merits and in

W.P. No.22479 of 2021

accordance with law, in the light of the orders passed by this Court as stated supra within a period of six weeks thereafter."

4. The learned counsel for the petitioners also placed reliance on the

order dated 06.03.2020 passed in WP No. 5883 of 2020 (P. Riza Ahmed vs.

The Tahsildar, Walajah Taluk, Walajah, Ranipet District) and contended that

in the aforesaid decision, this Court, after analysing the various decisions in

the field, has concluded that a Tahsildar is empowered to issue even Class II

legal heir certificate provided he is satisfied with the genuineness of the claim

made by the applicant after conducting an enquiry. It was further held that

only in cases where the Tahsildar is not satisfied with the genuineness of the

claim, he can direct the applicant to approach the competent Civil Court. The

learned counsel for the petitioners therefore prayed for allowing the writ

petition.

5. On the other hand, the learned Government Advocate appearing

for the respondent submitted that the order of rejection was passed on the basis

of the Circular dated 24.09.2019 issued by the Government wherein it was

specifically ordered that the Tahsildars are only empowered to issue legal heir

certificate for all direct legal heirs through online. Therefore, on the basis of

the aforesaid Circular No.09/2019 dated 24.09.2019 issued by the Revenue

Administration and Disaster Management and Mitigation Department, the https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

order, which is impugned in this writ petition, is proper. The learned

Government Counsel therefore prayed for dismissal of the writ petition.

6. Heard the counsel for the petitioners and the learned Government

Counsel for the respondent. In this writ petition, the petitioners have

challenged an order of rejection passed by the respondent, refusing to issue

legal heir certificate to the petitioners on the ground that they are not Class I

legal heirs of the deceased but Class II legal heirs. Therefore, on the basis of

the circular dated 24.09.2019 issued by the Principal Secretary/Commissioner

of Revenue Administration, the order of rejection was passed.

7. The issue involved in this writ petition is no longer res integra.

The question as to whether a Tahsildar is empowered to issue a legal heir

certificate to a Class II legal heir is settled by way of several judicial

pronouncements. In WP No. 5883 of 2020 dated 06.03.2020, mentioned

supra, this Court has passed the following direction:-

"5. Admittedly, the petitioner is not the Class I legal heir of the deceased Raziya Begum, being the brother, he is only the Class II legal heir. However, as claimed by the petitioner, the deceased is a married person and she has no other legal heirs except her brother. Since in the absence of any other Class I legal heir, there is no impediment for the respondent/Tahsildar to consider the said request as per the guidelines issued by the Government, which reads as follows:

https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

1. As per the present procedure the Tahsildar has to issue the legal heirship certificate to the direct heir.

2. The Tahsildars should avoid issuing legal heirship certificate in respect of the following items mentioned below, apart from the direct heirs and the applicants should be instructed to get the certificate through the Civil Court.

a. If there are more than one wife/husband for the deceased, and even if they have children and if it is evident that there is a partition dispute among them.

b. When there is a condition to issue heir certificate for the person, who has left the family for seven years by deeming that person to be dead.

c. If a person is residing in other District, and does not have the residence within the limits of the Taluk and if he is not in possession of a house or property, and does not attend the enquiry to give his statement to the Tahsildar.

d. If the deceased does not have children and brings up other children.

6. Even as per the above guidelines, the respondent/Tahsildar should avoid issuing legal heir certificate falling under the above four categories only. Since the petitioner does not fall under anyone of the above categories, the impugned order is set aside and the matter is remitted back to the respondent/Tahsildar to reconsider the claim of the petitioner in the light of the observation stated supra and pass appropriate orders on merits and in accordance with law, after conducting enquiry and verifying the fact whether any other legal heirs are available for the deceased, within a period of 8 weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs."

8. In another order passed by this Court on 22.12.2020 in WP No.

15403 of 2020 (V. Devan vs. The Tahsildar, Office of the Tahsildar, Chennai)

this Court, in para No.7 held that the respondents are not justified in denying https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

the legal heirship certificate of late. Periyamadasamy Konar only on the

ground that he did not have direct heirs. It is rather unfortunate that inspite of

several orders of this Court directing the Tahsildar/Deputy Tahsildar to issue

legal heir certificate for the Class II heir also, the respondents have chosen to

rely upon an outdated letter of the year 1991 and has been rejecting such

applications.

9. Therefore, it is clear that the Tahsildar of a Taluk is not in any

manner restrained from issuing a Class II legal heir certificate in the absence

of Class I legal heir. All that required is that the Tahsildar has to satisfy

himself as to the genuineness of the claim of the applicant who seeks for

issuing a Class II legal heir. For arriving at such satisfaction, he has to

conduct an enquiry and to go through the documentary evidence filed in

support thereof. In case, there is any dispute with regard to the status of Class

II legal heir, then he can direct the applicant to approach the Civil Court for

relief. In the present case, the respective respondent has relied on the Circular

No. 09/2019 dated 24.09.2019 to reject the applications of the respective

petitioner. In the light of the above judicial pronouncements made by this

Court, this Court is of the view that the Circular dated 24.09.2019 has no

statutory force. Even otherwise, only in case of dispute as to the status of an https://www.mhc.tn.gov.in/judis/

W.P. No.22479 of 2021

applicant as a Class I or Class II legal heir, the Tahsildar can direct the

applicant to approach the Civil Court and not in all the cases where there is no

dispute with respect to the status as Class I or Class II legal heir.

10. In the light of the above, the order of rejection dated 08.09.2021

in Na.Ka.E/1260/2021 passed by the respondent in this writ petition is set

aside. The matter is remanded back to the respondent for fresh consideration

of the application submitted by the petitioners for issuing a Class II legal heir

certificate. The respondent is directed to conduct an enquiry, afford an

opportunity of hearing to the petitioners, consider the documentary evidence

that may be submitted by them and thereafter pass an order on merits and in

accordance with law as expeditiously as possible, preferably within a period of

six weeks from the date of receipt of a copy of this order.

11. Accordingly, the writ petition is disposed of. No costs.

                                                                                            22.10.2021

                  Index            : Yes/No
                  Internet         : Yes/No

                  dhk/rsh

https://www.mhc.tn.gov.in/judis/



                                                   W.P. No.22479 of 2021


                                             R. MAHADEVAN, J




                                                                   dhk




                  To

                  The Tahsildar,
                  Amanjikarai Taluk Office
                  Chennai - 600 030




                                             WP No. 22479 of 2021



                                                         22.10.2021




https://www.mhc.tn.gov.in/judis/