Parvathi vs The State Of Tamil Nadu
2023 Latest Caselaw 5478 Mad

Citation : 2023 Latest Caselaw 5478 Mad
Judgement Date : 6 June, 2023

Madras High Court

Parvathi vs The State Of Tamil Nadu on 6 June, 2023

                                                                             S.A.No.305 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.06.2023

                                                      CORAM

                                          MR.JUSTICE N.SESHASAYEE

                                                 S.A.No.305 of 2023

                  1.Parvathi
                  2.Nandhini @ Venkattammal
                                                                               ... Appellants

                                                        Vs.

                  1.The State of Tamil Nadu
                  Rep. by its Representative,
                  District Collector,
                  Dharmapuri District.

                  2.The Tahsildar,
                  Palacode, Dharmapuri District.

                  3.The Village Administrative Officer,
                  Velahalahalli Village, Palacode Taluk,
                  Dharmapuri District.                                     ... Respondents


                  PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                  Code, seeking to set aside the judgement and decree dated 13.12.2022 in
                  A.S.No.14 of 2022 on the file of the learned Subordinate Judge,
                  Dharmapuri, confirming the Judgement and Decree dated 15.12.2021 in
                  O.S.No.168 of 2018 on the file of the learned District Munsif, Palacode.

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https://www.mhc.tn.gov.in/judis
                                                                                  S.A.No.305 of 2023

                                  For Appellants           : Mr.R.Selvakumar
                                  For Respondents          : Mr.S.P.Karthik
                                                             Government Advocate

                                                    JUDGMENT

The plaintiffs have filed a suit for declaration that they are the legal heirs of

one Raman, who died on 08.02.1999, as against the State of Tamil Nadu. It

appears that the said Raman was married twice and hence, the revenue

officials refused to issue legal heir certificate exclusively to the plaintiffs. As

directed by the defendants / official respondents, the plaintiffs approached

the civil Court. The trial Court had held that the materials are not adequate

enough to conclude that the plaintiffs are the heirs of the deceased Raman,

but also added that the plaintiffs ought to have gone to the 2nd defendant /

Tahsildar for obtaining legal heir certificate. Aggrieved by the same, the

plaintiffs moved the First Appellate Court in A.S.No.14 of 2022, which

endorsed the second of the two reasons of the trial Court, and held that the

plaintiffs ought to have gone to the Revenue Officials for obtaining legal

heir certificate. Aggrieved by this, the plaintiffs have now approached this

Court.

https://www.mhc.tn.gov.in/judis S.A.No.305 of 2023

2.This appeal is now admitted to decide the following Substantial Questions

of Law:

i) "Whether the Courts below are right in adjudicating that the plaintiffs ought not to have approached the Civil Court, without first approaching the competent revenue authority, for issuance of legal heirship certificate, which is against the provisions of Section 9 of the Code of Civil Procedure, as no law prohibits a Civil Court, from entertaining legal heirship issue ?"

ii) "Whether the Courts below are right, in not considering the legal heirship of the deceased, given the documentary evidence, especially, the family card, which is one of the basic evidence to prove the family status of the persons named therein ?"

iii) "Whether the Courts below are right in not deciding the issue of legal heirship, when there is no rival claimant to the same, based on the report of the VAO, who is the competent and empowered field level officers, to ascertain the facts such as death, family, occupants, relationship, possession, cultivation, etc., in the deceased's village?"

https://www.mhc.tn.gov.in/judis S.A.No.305 of 2023

3.Heard both sides.

4.Both the Courts below are under terrible misconception that Civil Court

jurisdiction is ousted since the Tahsildar has been vested with the power to

grant legal heir certificate. In case of a dispute, it is the Civil Court that has

to decide the issue, the legal heir certificate has zero value in deciding the

same.

5.In view of the above, this Court finds that there is absolute non application

of mind by the First Appellate Court. Hence, the decree of the First

Appellate Court is set aside and the matter is remanded back to the First

Appellate Court for de novo consideration.

6.The parties are required to appear before the First Appellate Court by