Madras High Court
Tmt.S.Neelavathi vs The District Collector on 26 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
In the High Court of Judicature at Madras Dated : 26.04.2016 Coram The Honourable Mr.Justice R.SUBBIAH W.P.No.15422 of 2016 Tmt.S.Neelavathi .... Petitioner ..vs.. 1.The District Collector, Collectorate of Thiruvallur District, Thiruvallur, Thiruvallur District. 2.The Tashildar, Ambattur Taluk Office, Ambattur, Chennai-600 053. ...Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 26.12.2015 for issuing Legal Heir Certificate in her favour to avail legal benefits, within a stipulated period of time. For Petitioner : Mr.A.Thamizharasan For Respondents : Mr.V.Jayaprakash Narayanan, Spl.GP. * * * * * ORDER
This writ petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 26.12.2015 for issuing Legal Heir Certificate in her favour, to avail legal benefits, within a stipulated period of time.
2.In the affidavit filed in support of the writ petition, it has been averred by the petitioner that the petitioner is the legally wife of one Sivanantham. The petitioner and her husband Sivanantham jointly lived at No.35 (Old No.30), Sivalingapuram, Korattur, Ambattur, Chennai and they have four female children and one son. The petitioner's husband Sivanantham died on 05.07.2000. As the petitioner is an illiterate, she had no knowledge about the necessity of obtaining legal heir certificate. The property and electricity service connection stand in the name of the deceased husband of the petitioner. Later, the petitioner has made a representation dated 26.12.2015 to the 1st respondent, seeking legal heir certificate in her favour, for the purpose of transferring the property and electricity service connection in her name and also for other legal benefits. But, the petitioner's representation was not considered by the respondents on the sole ground of delay of 15 years from the date of death of the petitioner's husband, in applying for legal heir certificate. Hence, the petitioner has come forward with the present writ petition before this Court.
3.Heard both sides and perused the materials available on record.
4.The learned counsel for the petitioner, relying upon the circular dated 28.11.1991 in Letter (Nilai) No.4534 issued by the Special Commissioner and Secretary, submitted that the said circular makes the position very clear that there is no limitation for making the application for applying the legal heir certificate. In this regard, the learned counsel for the petitioner has also relied upon the decision of this Court in W.P.(MD).No.16233 of 2014, dated 25.09.2014, wherein the learned Single Judge of this Court, by following the order dated 25.09.2013 passed by this Court in a batch writ petitions in W.P.(MD) Nos.14956 of 2013 batch, allowed the writ petition filed by the petitioner therein for similar relief. The relevant portion in the said decision reads as follows_ 4.Identical impugned orders were subject matters before this Court in a batch of writ petition in W.P.(MD) Nos.14956 of 2013 batch. This Court, vide order dated 25.09.2013, disposed of the writ petitions with the following observations:
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 3 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. Mr.K.Chellapandian, learned Additional Advocate General appearing for the District Revenue Officers of Madurai, Dindigul, Virudhunagar and Sivagangai, after taking instructions from them made a statement before this Court that hereinafter the District Revenue Officers would give written instructions to all the Tahsildars and also other Revenue Officers, viz., the Revenue Inspectors and Village Administrative Officers, to dispose of the applications seeking issuance of Legal Heirship Certificate, within a maximum time of four weeks, but in deserving cases, the Officers would be directed to issue the same at the earliest possible time, preferably within a week. Also, he further submitted that all the petitioners, who have come to this Court challenging the correctness of the impugned proceedings issued by the various Tahsildars, may be asked to make a fresh application to the Tahsildar concerned along with the necessary documents, viz., Death Certificate, Xerox copy of the Ration Card or Voters Identity Card, attested by Notary Public for expeditious issuance of the Legal Heirship Certificate.
7. Accepting the said statement made by the learned Additional Advocate General appearing for the respondents, the petitioners are directed to make a fresh application within one week from the date of receipt of a copy of this order, along with necessary documents mentioned above and on receiving such applications from the petitioners, the concerned Tahsildar, without looking into the limitation, shall take all reasonable efforts to issue Legal Heirship Certificates to the concerned parties at the earliest possible time as per the Letter (Nilai) No.4534, dated 28.11.1991, not exceeding in any event more than four weeks thereafter and the District Revenue Officers concerned are also hereby directed to issue suitable written instructions to all the Tahsildars. On receipt of this order, the learned Additional Advocate General is directed to forward a copy of this order to all the District Revenue Officers to follow the directions issued by this Court regarding issuance of Legal Heirship Certificate.
5.In the light of the above direction, the concerned Tahsildars has to take note of the circular issued, which has not been taken into consideration in the instant case.
6.Accordingly, the writ petition is allowed. The impugned order is set aside. The matter is remanded to the second 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 second respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
5.Following the above said decision of this Court, I am of the opinion that an appropriate direction could be given to the respondents in this writ petition.
6.Taking into consideration the limited scope of the prayer sought for the petitioner, this Court directs the petitioner to give a fresh representation to the 2nd respondent for issuance of legal heirship certificate, by enclosing a copy of this order, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the 2nd respondent is directed to conduct a detailed enquiry and to pass appropriate orders, in the light of the Circular dated 28.11.1991 and the directions issued by this Court in in the earlier batch of writ petitions referred to above, within a period of eight weeks thereafter.
With the above direction, the writ petition is disposed of.
No costs.
29.02.2016 Internet : Yes / No Index : Yes / No ssv NOTE: Issue on or before 29.04.2016 R.SUBBIAH, J., ssv To
1.The District Collector, Collectorate of Thiruvallur District, Thiruvallur, Thiruvallur District.
2.The Tashildar, Ambattur Taluk Office, Ambattur, Chennai-600 053.
Pre-delivery order in W.P.No.15422 of 2016 26.04.2016