R. GOVINDARAJ Vs. DISTRICT COLLECTOR, COLLECTORATE, MADURAI

JUDGEMENT

(1.) This Writ Petition has been filed questioning the order refusing to grant legal heirship certificate on the ground that with respect to class-II heir, the Tahsildar, is not competent to grant legal heirship certificate. In this connection, a reliance is placed on a circular issued by the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai. Since a decision will have to be made with respect to the said circular, it is only appropriate that the said official, namely, the Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Chennai, is suo motu impleaded as respondent in the Writ Petition. The Registry may carry out necessary amendments in the cause title to the Writ Petition before issuing the order copy.

(2.) The petitioner seeks legal heirship certificate of his elder brother.

(3.) The issues raised in the Writ Petition have come to the consideration of the Courts earlier and there have been instances where, learned Single Judges have opined that if Class-II legal heirs approach the revenue authorities/Tahsildar for issuing legal heirship certificate and when there are no rival claimants or anybody contesting the status of the applicant, then the Tahsildar after making due enquiry, must grant legal heirship certificate. It had been stated that it is reasonably expected that a Tahsildar or a Village Administrative Officer would know the particular details of the families residing in the village and therefore, an obligation is cast on such officers to examine the particulars stated in the application seeking legal heirship certificate and if it is found to be correct and true, the revenue officials can proceed further to issue legal heirship certificate.