S.Bose vs The Tahsildar
2021 Latest Caselaw 17865 Mad

                                                                                   W.P(MD)No.9130 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 01.09.2021

                                                         CORAM

                   THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                W.P(MD)No.9130 of 2021

                S.Bose                                                 ... Petitioner

                                                           Vs.

                The Tahsildar,
                Thirupparankundarm Taluk,
                Madurai – 625 005.                                     ... Respondent


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,

                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the

                records pertaining to the impugned order passed by the respondent in

                O.Mu.No.0521/2021/A dated 27.02.2021, quash the same as illegal, and

                consequently direct the respondent to issue legal heirs certificate for the

                deceased Mrs.(Late) Rajammal infavour of the petitioner and his siblings as the

                second class legal heirs.



                                   For Petitioner     : Mr.A.K.Thangavelu

                                   For Respondent : Mr.K.S.Selvaganesan,
                                                           Counsel for State.

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




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                                                                               W.P(MD)No.9130 of 2021


                                                      ORDER

The petitioner challenges an order dated 27.02.2021 by which the

respondent rejected the application for legal heirs certificate in respect of the

late Mrs.Rajammal.

2.The petitioner states that Mrs.Rajammal was her sister. She died on

02.11.2004. Her husband, Mr.Murugesan, predeceased her on 13.10.1960.

Since she did not have children, the only legal heirs were the petitioner, his

siblings and their father, Mr.Subbaiah Ambalam. On account of the death of

their father Mr.Subbaiah Ambalam on 07.07.2008, it is stated that only four

legal heirs survived him. The said four legal heirs are the two brothers and two

sisters of the deceased, Mrs.Rajammal.

3.In such circumstances, the petitioner submitted a representation dated

01.02.2021 to the respondent requesting for the grant of legal heirs certificate

in terms of Section 15(d) of the Hindu Succession Act, 1956. Such

representation was rejected by the impugned communication.

4.The petitioner challenges the impugned communication on the ground

that only one reason was cited therein, namely, that the petitioner is not a direct https://www.mhc.tn.gov.in/judis/

legal heir of the deceased. The petitioner relies upon earlier orders of this

W.P(MD)No.9130 of 2021

Court in W.P.(MD)No.4316 of 2019, dated 24.04.2019, and W.P.(MD)No.25089

of 2019, dated 26.11.2019.

5.Mr.K.S.Selvaganesan, learned Counsel for the State, appears on behalf

of the respondent. He submits that the respondent may be directed to

reconsider the matter based on the earlier orders of this Court.

5.The Tahsildar is empowered to grant a legal heirship certificate not

only to heirs indicated in clause (a) of Section 15(1) of the Hindu Succession

Act, 1956, as regards a Hindu female who dies intestate, but also the heirs

indicated in the other clauses of Section 15(1) of the said enactment.

6.In the case at hand, Section 15 of the Hindu Succession Act, 1956

would be applicable. The judgments cited by learned counsel for the petitioner

and the judgments referred to therein instruct that the Tahsildar should conduct

an inquiry in case the applicant for a legal heirship certificate is not a class I or

direct heir, as the case may be. Upon such inquiry, if the Tahsildar finds that

there are rival claimants and that it is difficult to identify the legal heirs, the

matter should be referred to the jurisdictional civil court.

7.For the reasons set out above, the impugned order cannot be sustained. https://www.mhc.tn.gov.in/judis/

Consequently, the impugned order dated 27.02.2021 is quashed. As a corollary,

W.P(MD)No.9130 of 2021

the matter is remitted to the respondent. The respondent is directed to

reconsider the petitioner's representation for grant of legal heirs certificate. The

respondent shall provide a reasonable opportunity to the petitioner and the

other legal heirs of the late Mrs.Rajammal and pass a reasoned order by taking

into account the observations herein and in the judgments cited by learned

counsel for the petitioner. Such reasoned order shall be issued within a period

of two months from the date of receipt of a copy of this order.

8.W.P.(MD)No.9130 of 2021 is disposed of on these terms without any

order as to costs.

                                                                                            01.09.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias/lm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

W.P(MD)No.9130 of 2021

To:

The Tahsildar, Thirupparankundarm Taluk, Madurai – 625 005.

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

W.P(MD)No.9130 of 2021

SENTHILKUMAR RAMAMOORTHY, J.

ias/lm

W.P(MD)No.9130 of 2021

01.09.2021

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