Madras High Court
K.V.Indira vs The District Collector on 22 December, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.25534 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 04.09.2023
Pronounced on : 22.12.2023
CORAM : JUSTICE N.SESHASAYEE
W.P. No.25534 of 2023
K.V.Indira ... Petitioner
Vs.
1.The District Collector
M.Singaravelar Maligai
Rajaji Salai, George Town
Chennai - 600 001.
2.The Tahsildar
Mambalam Taluk
K.K.Nagar
Chennai District.
3.The Principal Secretary
Revenue and Disaster Management
Fort St.George, Chennai - 600 009. ... Respondents
[R3 suo motu impleaded vide order dated
04.09.2023 in W.P.No.25844 of 2023]
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.25534 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for a Writ of Mandamus directing the respondents to issue legal
heirship certificate, based on the petitioner's representation dated
20.06.2023 within a time frame fixed by this Court.
For Petitioner : Mr.S.Sathya Chandran
For Respondents : Mr.G.Ameedius
Government Pleader [R1 to R3]
ORDER
Here, the petitioner claims herself to be the legal heir of her only sister
Premalatha, who died without any issues out of her wedlock with a certain
Sivadasan. Sadasivan had predeceased Premalata, and that they owned a
property. According to the petitioner, she attempted to apply online for a
legal heir certificate, she could not succeed, as the portal as designed did not
to provide for it. In particular, the web portal was designed in accordance
with G.O.(Ms) No.478, in terms of which, where the deceased is married,
only his/her parents, spouse, children alone can apply for a legal heir
certificate, and only in case the deceased is unmarried, besides his/her
parents, brothers and sisters too can apply. The petitioner has submitted a
detailed representation to the first respondent on 22.06.2023, but no
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response. Hence, the petitioner is before this Court seeking a mandamus to
dispose of her representation.
2. Heard both sides. The judgment of the Full Bench of this Court in
P.Venkatachalam Vs Tahsildar, Kumarapalayam Taluk, Namakkal
District [2022 (4) CTC 1] makes it clear that the Tahsildar is bound by a
circular or any executive order vis-a-vis the issuance of legalheir certificate.
It is also underscored that it is not conclusive proof of what it says vis-a-vis
the heirship. Turning to the complaint of the petitioner that the web portal
does not provide for making an application for legal heirship certificate is
concerned, there are two aspects which she may have to encounter. They
are :
(a) There is no inherent right to seek a legalheir certificate except to
the extent it is provided by the Executive Order. Therefore, when
the Government comes out with any such Executive Order, its
ambit must be understood from the very text of the order. And the
right of an applicant for legalheir certificate cannot travel beyond
what the Government Order stipulates.
(b) The affidavit indicates that her deceased sister and her husband
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possessed of certain properties.
Now if the intent behind applying for a legalheir certificate is to enable the
petitioner herein for succeeding to the estate of her sister aas her heir, then
she must fall within Sec.15 of the Hindu Succession Act. Here, it must be
underscored that the right of succession to the estate depends on mode of
acquisition of property by such female Hindu. These are all matters,
ultimately may have to be decided by a Civil Court and cannot be decided by
a Tahsildar.
3. Given the facts and circumstances of this case, the Court at the best can
direct the petitioner to approach the Tahsildar for issuance of relationship
certificate, if she is so interested, but it cannot issue any direction for
issuance of a legalheir certificate.
4. The petition is accordingly dismissed. No costs.
22.12.2023
Index : Yes / No
Internet : Yes / No
Speaking order / Non-speaking order
ds
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To:
1.The District Collector
M.Singaravelar Maligai
Rajaji Salai, George Town
Chennai - 600 001.
2.The Tahsildar
Mambalam Taluk
K.K.Nagar
Chennai District.
3.The Principal Secretary
Revenue and Disaster Management
Fort St.George
Chennai - 600 009.
https://www.mhc.tn.gov.in/judis
N.SESHASAYEE.J.,
ds
Pre-delivery order in
22.12.2023
https://www.mhc.tn.gov.in/judis
