Madras High Court
E. Egavalli vs The Tahsildar on 11 March, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11/3/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.2525 of 2016 E. Egavalli ... Petitioner Vs The Tahsildar Poonamallee Thiruvallur District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the respondent proceedings dated 20/8/2015 and quash the same as illegal, arbitrary and consequently direct the respondent to conduct enquiry as per guideline issued by Government in Circular No.1534 dated 28/11/1991 for issuance of legal heir certificate to the petitioner. For Petitioner ... Mr.S.Ravichandran For respondent ... Mr.P.Sanjay Gandhi Additional Government Pleader - - - - - O R D E R
With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal.
2. Heard Mr.S.Ravichandran, learned counsel for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader for the respondent.
3. This writ petition has been filed praying to quash the order, passed by the respondent in proceedings, dated 20/8/2015 and consequently, direct the respondent, to conduct enquiry, as per guideline, issued by Government in Circular No.1534, dated 28/11/1991, for issuance of legal heir certificate to the petitioner.
4. The case of the petitioner is that the petitioner's husband died on 14/4/1971, leaving behind the petitioner and their children, namely, Vasugi @ Ruth, Subramani, Radharukmani, Vanoraja and Sathyavani. Out of the five children, Subramani and Vanoraja, expired on 20/5/2002 and 14/7/2011, respectively. The death of the petitioner's husband was registered under the record of Sub-Registrar, Thiruvotriyur, vide Registration No.2/1971, dated 16/4/1971. After a period of 34 years, the petitioner had filed an application to obtain legal heir certificate. But the respondent has rejected the application, stating that the application has been filed belatedly. Aggrieved against the same, the petitioner has come forward with this writ petition, praying for the relief as stated therein.
5. Even though there is no such limitation for making application by the concerned parties to obtain the legal heirship certificate, repeatedly, various orders have been passed, directing the parties to approach the appropriate Court. In fact, this Court, on various occasions, considering the plight of the citizens for obtaining the legal heirship certificate, has passed a detailed order in W.P.(MD) No.11709 of 2009 dated 16/11/2009, against the Tahsildar of Madurai South and made it clear in paragraph No.9 as under:-
It is pertinent to note that there is no limitation for seeking the relief of legal heirship certificate and as such the rejection of the application filed by the petitioners seeking for the relief of issue of legal heir ship certificate on the ground of delay in preferring the application is unsustainable in law. Accordingly, this Court is constrained to set aside the impugned order passed by the respondent in Na.Ka.No.21078/2009/E3, dated 27/10/2009 and accordingly, the same is set aside and the respondent is hereby directed to reconsider the application submitted by the petitioner, dated 21/10/2009 seeking for the relief of issue of legal heirship certificate in respect of the death of the mother of the petitioners 2 and 3 and wife of the first petitioner, viz., Tmt.A.S.Susila by conducting an enquiry in the manner known to law and thereafter, to issue the legal heirship certificate. It is made clear that the above exercise should be completed by the respondent within a period of eight weeks from the date of receipt of a copy of this order.
3. In the above order, a specific direction was given to the Tahsildar of Madurai South, making it clear that it is open to the Tahsildar to conduct an enquiry in the matter through the Village Administrative Officer. The Village Administrative Officer is entitled to conduct a detailed enquiry in the matter and submit a report to the Revenue Inspector, who in turn, will cross verify the report, and thereafter, will forward it to the Tahsildar for passing appropriate orders.
4......
5. In fact, this Court in the said W.P.(MD) No.11709 of 2009, by order dated 16/11/2009, made it further clear that there is no limitation for seeking the relief of legal heirship certificate. On this basis, the rejection of all the requests on the ground of limitation, was considered by this Court and hence it is not proper on the part of the Tahsildar again to reject any application filed by the parties on the ground of delay. Besides a circular issued by the Special Commissioner and Secretary, dated 28/11/1991, in Letter (Nilai) No.4534 also makes the position very clear that there is no limitation for making the application for getting the legal heirship certificate. It is pertinent to extract herein a relevant portion of the said circular as follows:-
3/ neuo thhpRjhuh;fSf;F thhpRr; rhd;wpjH; ntz;Lgth; ,we;Jnghdthpd; ,wg;g[r; rhd;wpjiH ,izj;J. Kj;jpiuf; fl;lztpy;iy xl;o rk;ge;jg;gl;l tl;lhrpaUf;F kD bra;a ntz;Lk;/ ,t;thW bgwg;gLk; kD rk;ge;jg;gl;l tUtha; Ma;thsUf;F chpa tprhuizf;fhf mDg;gg;glntz;Lk;/ 4/ rk;ge;jg;gl;l tUtha; Ma;th; kw;Wk; fpuhk eph;thf mYtyh; Mfpnahh; tl;lhrpah; mYtyfj;jpypUe;J kD tug; bgw;wt[ld; rk;ge;jg;gl;l kDjhuh; trpf;Fkplj;jpw;Fr; brd;W Kjypy; kDjhuiua[k; mth; jk; FLk;gj;jpy; cs;s midtiua[k;. gpd;dh; mtuJ cwtpdh;fs; mz;il tPl;lhh; kw;Wk; bghJ kf;fs; Mfpnahiua[k; ed;F tprhuiz bra;J. mth;fsplkpUe;J thf;FK:yk; bgw;Wf; bfhs;s ntz;Lk;/ FLk;g ml;il. ,we;J nghdtUf;Fr; brhe;jkhd brhj;Jf;fs; caph;. jpUkzg; gj;jphpif kw;Wk; mtuhy; tpl;Lr; bry;yg;gl;l Vida Mtz';fs; Kjyhd midj;ija[k; ed;F ghprPyid bra;J ,we;J nghdthpd; thhpRjhuh;fs; ahh; ahh; vd;gija[k; mjw;fhd tptu';fisa[k; mwpf;ifahfj; bjhFj;J tl;lhl;rpaUf;F mDg;gntz;Lk;/ 5/ tUtha; Ma;thshpd; mwpf;if fpilf;fg; bgw;wt[ld; tl;lhl;rpah; mjid ed;F ghprPyid bra;antz;Lk;/ ghprPyidf;Fg; gpd; ,we;Jnghdthpd; thhpRjhuh;fs; ahh;. ahh; vd;gij jPh;f;fkhf cWjp bra;a ntz;Lk;/ re;njfg;gLk; ,d';fspy;. rk;ge;jg;gl;l kDjhuiunah my;yJ mtuJ FLk;gj;jpdh;/cwtpdh; my;yJ mt;t{iur; nrh;e;j bghJ kf;fs; vtiunaDk;. my;yJ ntW Mtz';fs; vijnaDk; nfl;Lg; bgw;nwh. tl;lhrpah; Kot[ bra;ayhk;.
6/ ,we;Jnghd eghpd; thhpRjhuh;fs; ahh; ahh; vd;gij re;njfj;jpw;fplkpd;wp Kot[ bra;j gpd; fPH;fhZk; gotj;jpy; thhpRr; rhd;wpjH; tH';fg;gl ntz;Lk;/ A mere reading of the above circular issued by the Special Commissioner and Secretary to Government mandates every Tahsildar to issue to the legal heirship certificate after obtaining proper report from the Subordinate Officers. Therefore, when the issue for issuance of legal heirship certificate has been clearly settled by this Court, saying that there is no limitation for making application for obtaining legal heirship certificate, the concerned Tahsildar, cannot shirk their responsibilities by simply directing the parties to approach the Court.
6. In the light of the above, this writ petition is allowed. The impugned order is set aside. The matter is remanded to the respondent for fresh consideration, by complying with the direction issued in the earlier writ petition as referred to supra. The said action shall be taken by the respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
11/3/2016 mvs.
Note: Issue order copy on 22/3/2016 Index: Yes/No website: Yes/No To The Tahsildar Poonamallee Thiruvallur District.
R.SUBBIAH,J mvs.
W.P.No.2525 of 201611/3/2016