Madras High Court
J.Babu vs The Tahsildar on 27 July, 2020
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
W.P.No.5940 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.07.2020
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.5940 of 2017
(Heard through VC)
J.Babu .. Petitioner
Vs.
The Tahsildar,
Tharangampadi Taluk,
Nagapattinam District. .. Respondent
***
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus to call for the records
from the respondent vide Na.Ka.No.2964/2016/A3 dated 10.08.2016, quash
the same and consequently direct the respondent to issue legal heir certificate
to the petitioner in the light of Hon’ble High Court Judgment in W.P.(MD)
No.16233 of 2014 by an order dated 25.09.2014.
***
For Petitioner : Mr.P.Saravanan
For Respondent : Mr.R.S.Selvam
Government Advocate
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W.P.No.5940 of 2017
ORDER
This writ petition has been filed challenging the order of the respondent in Na.Ka.No.2964/2016/A3 dated 10.08.2016, and consequently, seeking for a direction to the respondent to issue legal heir certificate to the petitioner in the light of order of this Court dated 25.09.2014 made in W.P.(MD) No.16233 of 2014.
2. The case of the petitioner is that one Ms.A.Reginamary, who was working as Special Grade Maternity Assistant in the Government Hospital, Porayar. The petitioner claims that he was adopted as per Christian rituals and customs, when he was five years old. The said Reginamary has nominated the petitioner’s name for the purpose of getting all her F.S.F., SPFGS, G.P.F., D.C.R.G. and Family Pension. Thereafter, she had also nominated the petitioner for the Pensionery Family Security Fund Scheme on 19.06.1997. Admittedly, the name of the petitioner has appeared in all the Government records. The said Reginamary died on 27.06.2016. Hence, the petitioner applied for Legal Heirship Certificate, which was rejected by the respondent, namely, the Tahsildar, Tharangampadi Taluk on the ground that there is no direct legal heir for the deceased and that the petitioner is only an 2/22 http://www.judis.nic.in W.P.No.5940 of 2017 adopted son and thus, the petitioner was directed to approach the Civil Court to prove his adoption and get the legal heirship certificate.
3. The grievance of the petitioner is that though he has been nominated by the deceased to receive all the benefits after her death, he was directed to obtain legal heirship certificate, which is not necessary. The nomination itself made mandatory only for the purpose of discharging the liability of the authorities to give away the funds available to the nominee, who receives the same in trust on behalf of the other legal heirs, who would be entitiled to receive the same as per the Law of Succession governing the parties. Therefore, it is repeatedly held that the nominee is only a custodian to receive the amounts and it has to be disbursed by him or her to the legal heirs. The authorities, when they have taken a nominee as per the wish and will of the employee, are duty bound to disburse the amount to the nominee without insisting on the legal heirship certificate.
4. The challenge in the writ petition is to the order passed by the Tahsildar, Tharangampadi, dated 10.08.2016. As the petitioner claims to be the adopted son of the deceased, the Tahsildar has directed the petitioner to 3/22 http://www.judis.nic.in W.P.No.5940 of 2017 approach the Civil Court to prove the adoption and get himself declared as the legal hair. However, as the nomination is valid, there is no impediment for the authorities to disburse the amount.
5.In the light of the above, there is no infirmity in the order passed by the Tahsildar, Tharangampadi and this writ petition is liable to be dismissed.
6. However, before parting with this writ petition, it is necessary to state that the learned Special Government Pleader, in a similar matter, placed reliance on the Circular No.9/2019/Rc.No.RS.5(3)/180/2019 issued by the Additional Chief Secretary/Commissioner of Revenue Administration (in short, “the CRA”), on 24.09.2019. The subject of the Circular is issuance of revised instructions for the issuance of Legal heirship Certificate. The CRA in the said circular referred to following Government Orders, Government Letter and also Circular :
(1).G.O.(Ms)No.2906, Revenue Department, dated 04.11.1981 ; (2).G.O.(Ms)No.581, Revenue Department, dated 03.04.1987 ; (3).Government Letter No.1534, Revenue Department, dated 28.11.1991 ; and (4).Circular instructions No.11/2017, RA 5(3)/180/2017, dated 4/22 http://www.judis.nic.in W.P.No.5940 of 2017 09.08.2017.
7. There is no provision under the Registration of Birth and Deaths Act, 1969, or any other Act or Rules, empowering the Revenue Authorities to issue a Legal heirship Certificate. In the year 1981, a One Man Committee in District Revenue Administration suggested delegation of powers to the Tahsildar/Deputy Tahsildar for issuance of a Legal heirship Certificate and while accepting the recommendation, the Revenue Department in G.O (Ms) No.2906, dated 04.11.1981, had empowered the jurisdictional Tahsildar/Deputy Tahsildar to issue Legal heirship Certificate. The Government issued guidelines, which have to be followed by the Revenue officials, while considering the issuance of Legal Heir Certificate, in the said G.O., which have been reinstated in the Government Letter No.1534, dated 28.11.1991. Paragraph 3 of the said letter reads as follows :
“3. It is known that in the legal heirship Certificates issued by some Tahsildars, the following sentences are written "valid for six months only" and "not valid in any Court of law" as conditions. The legal heirship certificates issued by the Tahsildars cannot be considered as equivalent to the Direct legal heirship Certificates issued by the Courts under the Indian Succession Act, 1925. Further, there is no possibility for imposing conditions. Therefore, I request you not to impose any of the conditions, as mentioned above, while issuing the legal heirship certificate.” 5/22 http://www.judis.nic.in W.P.No.5940 of 2017
8. The Guidelines were annexed to the said Letter and the said Annexure reads as follows :
“ANNEXURE GUIDELINES
1.As per the present procedure the Tahsildar has to issue the legal heirship certificate to the direct heirs.
2. The Tahsildar should avoid issuing legal heirship certificate in respect of the following items mentioned below, apart from the direct heirs, and the applicants should be instructed to get the certificates through the Civil Courts.
a. If there are more than one wife/husband for the deceased, and even if they have children, and if it is evident that there is a partition dispute among them.
b. When there is a condition to issue heir certificate for the person, who has left the family for seven years by deeming that person to be dead.
c. If a person is residing in other Districts, and does not have the residence within the limits of the taluk and if he is not in possession of a house or property, and does not attend the enquiry to give his statement to the Tahsildar.
d. If the deceased does not have children and brings up other children.
3. The person requesting for the legal heirship certificate for the direct heirs, should annexe the death certificate of the deceased person, affix the stamp and send an application to the Tahsildar concerned. The applications received accordingly shall be sent to the Revenue Inspector concerned for conducting proper enquiry.
4. On receiving the application from the Tahsildar concerned, the Revenue Inspector and the Village Administrative Officer shall go to the residential address of the petitioner concerned and first conduct enquiry with the petitioner and all the members of his family, his relatives, neighbours and local 6/22 http://www.judis.nic.in W.P.No.5940 of 2017 people and obtain their statements. The ration card, its properties belonging to the deceased, the will, wedding invitations and other documents left behind by the deceased shall be properly scrutinized and the reports regarding the persons who are the legal heirs of the deceased and their details shall be consolidated and sent to the Tahsildar.
5. As soon as the report of the Revenue Inspector is received, the Tahsildar should scrutinize it properly. After scrutiny, the legal heirs of the deceased person, should be confirmed with certainty. In case of suspicion, the Tahsildar can ask the petitioner concerned or his family members, relatives or the local people belonging to that place, or ask and get some other documents and arrive at a decision.
6. The legal heir certificate should be issued only after arriving at a decision as to who are the legal heirs of the deceased without giving any room for suspicion."
9. A reading of the above guidelines makes the procedure very clear as to what the person requesting for the legal heirship certificate has to do and the procedure to be followed by the Village Administrative Officer, Revenue Inspector and the Tahsildar.
10. At this juncture, it is also relevant to state that in G.O.Ms.No.581, Revenue Department, dated 03.04.1987, the duties and responsibilities of some executive authorities, which includes, Revenue Divisional Officers Tahsildars/Deputy Tahsildars/Revenue Inspectors, were prescribed, in order 7/22 http://www.judis.nic.in W.P.No.5940 of 2017 to tone up the administration in the Revenue Department at the district and lower levels and to ensure normal standards of efficiency.
11. The relevant portion of the Circular Instructions No.11/2017, RA 5(3)/180/2017, dated 09.08.2017, is reproduced hereunder :
“Legal Heirship Certificate:
(a) Generally, if the head or a member of the family expires, the next legal heir to the deceased, like wife, or husband or son, father/mother shall apply for heirship certificate for transfer of movable or immovable properties, sanction of family pension, etc. The death certificate in original obtained from the competent authority should accompany the application which should contain court fee stamp of Re.1/-. The application shall be forwarded to the Revenue Inspector to enquiry all legal heirs, neighbours, other villagers and the Village Administrative Officer in detail. On receipt of report a certificate mentioning the names of all natural legal heirs will be issued by the Taluk/Tahsildar (G.O.Ms.No.2906, Revenue, dated 4.11.1981).
(b)The Tahsildar can advise the applicant to approach civil court for issue of a certificate in the absence of a direct legal heir, as in the following cases.
i)More than one spouse, their children and enquiry reveals dispute in particular of properties.
ii)In the case of issue of a certificate to the heirs of the person who have been away from the family for more than seven years.
iii)If they are not residents in the Taluk but are residents elsewhere and when they do not appear for enquiry and
iv)When the deceased has no child or his/her own and another child is brought up.8/22
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(c)The instructions issued in letter (Ms) No.1534, Revenue dated 28.11.1991 shall be followed.
(d)The certificate shall be issued within fifteen days in the form prescribed in the letter (Ms) mentioned above.”
12. From the reading of the said circular, it is clear that while reiterating the procedures and guidelines prescribed earlier and directing the authorities to follow the same, a time limit of fifteen days was prescribed for the issuance of the legal heir certificate. The Revenue Manual issued by the CRA on 14.09.2001 reiterated these guidelines.
13. Now coming to the instant circular, namely, Circular No.9/2019/Rc.No.RS.5(3)/180/2019, dated 24.09.2019, the CRA issued revised guidelines and instructions for issuance of legal heir certificate through online. The CRA proceeded to explain who are all direct legal heir, i.e., Class I legal heirs, and who are all indirect legal heir, i.e., Class II legal heirs in terms of Section 8 of the Hindu Succession Act, 1956. In paragraph 6, the process of legal heir application was stated by the CRA, which reads as follows :
“6) Legal heir applications will be processed by the following system :9/22
http://www.judis.nic.in W.P.No.5940 of 2017 On an application fee of Rs/60/-, the applicant shall apply at the CSC or online, the certificate will be issued within 15 working days.
......
The VAO must verify the documents and recommend with reasons for acceptance or rejection and forward to the Revenue Inspector in 5 days Revenue Inspector has to enquire in 4 days and the certificate will be issued by Tahsildar in 6 days on receipt of report from the RI after conducting necessary enquiry.
The applicant can download the legal certificate from CSC or from anywhere on receipt of an SMS.
The District website should have an exclusive window for viewing Taluk wise issued legal heirship certificates.
A copy of the issued legal heir certificate should be marked to Department of Registration to be linked to the Reginet Software.”
14. The CRA in paragraph 8 also issued the following general instructions and directions :
"8) General Instructions In letter no.D.Dis.RA V(3)/74529/2001, dated 28.2.2003, the then Special Commissioner/Commissioner of Revenue Administration has recommended to Government stating that of late, claims under the issue of legal heirship certificates are increasing and complexities are also very high. More often than not, people tend to suppress the truth, which cannot be detected even under discreet enquiry. Issue of legal heirship certificate to indirect cases may be issued by Tahsildar only in respect of Class I or Direct legal heir mentioned in the Schedule under Section 8 of Hindu Succession Act.
Tahsildars shall not issue legal heir certificates to the following cases. 10/22 http://www.judis.nic.in W.P.No.5940 of 2017 i. Class II legal heirs or indirect legal heirs mentioned in the Schedule under Section 8 of Hindu Succession Act, 1956.
ii. Siblings of the deceased cannot claim legal heir certificate from the Tahsildars, as they come under Class II legal heir or indirect legal heir. However, they can submit application for issuance of Legal Heir Certificate in favour of their father/mother and in view of age/literary constraints, if any iii. When the Deceased having more than one wife/husband. iv. When there is a dispute for settlement/partition of properties of the deceased.
v. In the case of person treated as dead, (person who is missing for a period of 7 years or staying away from the family).
vi. No certificate shall be issued under Indian Succession Act, 1925.
In the above said cases, “as and when the applicant seeks legal heir certificate from Tahsildars, they may be directed to approach the competent Civil Court.”
15. In paragraphs 9 and 10 of the subject Circular, the CRA dealt with the appeal and revision provisions, which are as follows :
“9) Appeal Provision :-
If any disputes arise on the legal heir certificates issued, an appeal petition shall be filed to the respective Revenue Divisional Officer within a period of one year from the date of issuance of the certificate.
10) Power of Revision The power of revision lies with the District Collector and Revision 11/22 http://www.judis.nic.in W.P.No.5940 of 2017 Petition shall be filed by the applicant within a period of 3 years from the date of issue of the appeal order.”
16. It is unfortunate to state that there is no mention about Section 15 of the Hindu Succession Act in Circular No.9/2019, dated 24.09.2019 and it only proceeds with Section 8 of the said Act. There is also no mention about the other personal laws. Before delving further into the same, the following judgments are relevant for consideration :
17. This Court in W.P.(MD)No.15901 of 2018, dated 03.08.2018 (N.R.Raja and others V. The Tahsildar, Madurai South, Collector Office, Madurai), reproduced the relevant portions of the earlier orders of this Court on the subject issue and held in the following manner :
"2.This Court had an earlier occasion to deal with an identical issue in W.P(MD) No.11721 of 2018, on 31.07.2018, and the relevant portion reads as follows:-
“2. Before analyzing the validity of the impugned order, it would appropriate to trace the powers of the second respondent in refusing to issue a Legal heirship Certificate to the Class-II legal heirs. There is no provision under the Registration of Birth and Deaths Act, 1969, or any other Act or Rules, empowering the Revenue Authorities to issue a Legal heirship Certificate. In the year 1981, a one man committee in District Revenue Administration suggested delegation of powers to the 12/22 http://www.judis.nic.in W.P.No.5940 of 2017 Tahsildar/Deputy Tahsildar for issuance of a Legal heirship Certificate and while accepting the recommendation, the Revenue Department in G.O (Ms) No.2906, dated 04.11.1981, had empowered the jurisdictional Tahsildar/Deputy Tahsildar to issue Legal heirship Certificate. Subsequently, by Letter (Rt) No.1534, dated 28.11.1991 issued by the Revenue Department, certain conditions were imposed for issuance of Legal heirship Certificate, wherein one of the conditions was that the Tahsildar should refrain from issuing the Legal heirship Certificate to Class-II legal heirs with a further direction to advise the applicant to approach the Civil Court seeking for remedy. Certain other guidelines were also appended to the said letter dated 28.11.1991.
3.It is submitted that in view of the Letter (Rt) No.1534, dated 28.11.1991, the authorities had been refusing to issue Legal heirs Certificate for Class-II legal heirs and advising them to approach the Civil Court. The impugned order is one such order relying upon Letter (Rt) No.1534, dated 28.11.1991.
4. Subsequently, this Court, in various orders passed in writ petitions, have been deprecating the practice of the Tahsildars in refusing to issue the certificate for class-II legal heirs. The orders passed in some writ petitions are extracted hereunder:-
"(i). In M.Arumugam & Others vs. The Tahsildar, Madurai South, Madurai and another reported in CDJ 2013 MHC 6017, it has been held as follows:-
“9. The petitioners are claiming themselves to be class II heirs. The Tahsildar pleads his inability to consider the case, as according to him, it would be very difficult to collect the details of the class II heirs. I am not inclined to accept the said submission.
10.The Revenue Department is having lower level officers, who are familiar with the people living in the concerned Village. There are revenue officers under the Tahsildar. There are also village officers functioning in the 13/22 http://www.judis.nic.in W.P.No.5940 of 2017 villages and they would be in a position to know the members of the family. The village Administrative Officer is expected to know each and every family of the village. He cannot plead ignorance about the relationship. The village Administrative Officer is the Revenue Co- ordinating Officer of the Revenue Department. The Village Administrative Officer must keep a close watch on the village and he should update his information. The problem of issuing a legal heir certificate to class II heirs could be resolves, in case a workable method is adopted by the revenue authorities. Since enquiry has to be made, the Tahsildar can direct the parties to produce birth certificates indicating the relationship. The Tahsildar can also conduct an enquiry in the village level through the Village Administrative Officer. In case, at a later point of time, it is turned out to be a false claim, it is open to the Tahsildar to can the certificate and even criminal action can be taken. The difficulty to identify the members of the class II heirs cannot be a reason to reject the request for issuance of legal heir certificates. Therefore I am of the view that the first respondent was not justified in passing the impugned order. Accordingly, the impugned order is quashed."
(ii). In W.P.(MD)No.37214 of 2015 (T.S.Renuka Devi, rep by her guardian and next fried K.Swaminathan vs. The Tahsildar, Mambalam-Guindy Taluk, Chennai-78), it has been observed as under:-
“5.Admittedly, Class I heirs of the said G.Parvathi predeceased her. It is not in dispute that the father of the petitioner is her only surviving legal heir. Therefore, as per the Schedule appended to the Hindu Succession Act, 1956, the petitioner being Class II legal heir, is entitled to succeed the property left out by the said Parvathi, if no other direct legal 14/22 http://www.judis.nic.in W.P.No.5940 of 2017 heir is available. In the enquiry, the respondent has also admitted the same, but he refused to issue a certificate to the petitioner. In my considered view, the order so passed by the respondent is not sustainable and hence, the same is liable to be set aside.
6.Accordingly, the writ petition is allowed and the order dated 05.12.2013 passed by the respondent is set aside.
The petitioner is permitted to submit a fresh application along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such submission, the respondent is directed to conduct enquiry by affording an opportunity of personal hearing to the petitioner in accordance with law, within a period of six weeks thereafter. No costs. Consequently connected miscellaneous petition is closed."
(iii). In W.P.(MD)No.5586 of 2017 (R.Lokesh Kannan Vs. The District Collector, Madurai District and anothers), it has been held as follows:-
“5. It is the specific case of the petitioner that his brother died as a bachelor and except the petitioner, there are no legal heirs, since his parents have already passed away. In the judgment referred by the learned counsel for the petitioner, this Court has held that if Clause-I heirs are not live, Clause-II heirs are entitled to get the legal heirship certificate from the Competent Authority. Hence the application of the petitioner cannot be rejected merely on the ground that there is no direct legal heir of the deceased.
6.In view of the above facts, this writ petition is disposed of directing the petitioner to submit a fresh application to the second respondent enclosing this order copy and the orders passed in the writ petition referred above, within a 15/22 http://www.judis.nic.in W.P.No.5940 of 2017 period of two weeks from the date of receipt of the copy of this order. On such receipt, the second respondent shall consider the petitioner's application and pass orders on merits and in accordance with law, in the light of the orders passed by this Court as stated supra within a period of six weeks thereafter.
5.Sections 8 and 9 of the Indian Succession Act, 1925, stipulate the mode of succession in expressive terms. As such, the respondents will not be justified in refusing the issuance of Legal heirship Certificate in favour of Class-II legal heirs, in the absence of Class-I legal heirs. When the law stipulates the mode of succession, the second respondent is duty bound to consider the same and conduct proper enquiry, in line with the order of the descendants, specified under the Succession Act or any other personal law for that matter.
6.When the law specifies the mode of succession, there is no impediment on the part of the Tahsildar to issue Legal heirship certificate as prescribed in the mode of succession. Nevertheless, in cases, where there are serious rival claims for the heirships, which cannot be considered, on the basis of the statement of the claimants and which necessarily requires to be established through proper oral and documentary evidences, it would be appropriate, to refer such parties to the Civil Court of law. Such an exercise however should be made only when the authority is satisfied that there is a rival claim for heirships or the relationship of the heirs with the deceased is disputed. In all other cases, the authorities are bound to issue Legal heirship Certificate for the Class-II legal heirs also. It is needless to point out that the certificates thus issued should be preceded by a proper enquiry by the Revenue Authorities.
7.In the instant case, the respondents are not justified in denying the legal heirship certificate of late Periyamadasamykonar only on the ground that he did not have 16/22 http://www.judis.nic.in W.P.No.5940 of 2017 direct heirs. It is rather unfortunate that even inspite of the several orders of this Court directing the Tahsildar/Deputy Tahsildar to issue Legal heirship Certificate for the Class-II heirs also, the respondents have chosen to rely upon an outdated letter of the year 1991 and has been rejecting such applications.
8.In the result, the impugned order dated 25.08.2016 is set aside and consequently, the respondents herein are directed to conduct a proper enquiry and issue Legal heirship Certificate of Late Periyamadasamykonar to the petitioner, if he is otherwise entitled to. Such an exercise shall be completed within a period of four weeks from the date of receipt of copy of this order. This Writ Petition is allowed accordingly. No costs."
3. The above order is self-explanatory. As such, the respondent is not justified in rejecting the petitioner's application on the sole ground that Late N.R.Santha, does not have any direct legal heir.
4. In the result, the impugned order dated 08.03.2018 passed in O.Mu.No.m2/251/2018, by the respondent, is set aside and consequently, the respondent is directed to conduct a proper enquiry and issue Legal heirship Certificate of Late N.R.Santha to the petitioners, if they are otherwise entitled to. Such an exercise shall be completed within a period of four weeks from the date of receipt of copy of this order. This Writ Petition is allowed accordingly. No costs."
18. In a recent order dated 03.01.2020 made in W.P.No.35263 of 2019, (Indrani Palaniappan Vs. The Tahsildar, Taluk Office, Ambattur, Chennai – 600 053), (CVKJ), this Court held as follows :
"3. The learned counsel for the petitioner placed reliance on the order 17/22 http://www.judis.nic.in W.P.No.5940 of 2017 of this Court made in W.P.No.15901 of 2018 dated 03.08.2018 [N.R.Raja and other Vs. The Thasildar, Madurai South, Madurai] wherein it is stated that, if there is no contesting legal heir, even if the petitioner is Class-II legal heir, the Tahsildar can conduct an enquiry and issue legal heir certificate notwithstanding to the Circular No.9/2019 R.C.No.RA.5(3)180/2019.
4. The petitioner is the Class-II leagl heir, who is the elder sister of the deceased K.K.Chandra. The deceased died unmarried on 12.03.2019. The parents have also died ealier. Therefore in the event of no other leagl heir, the Tahsildar may issue notice to the petitoner, conduct enquiry and if the facts as stated above are correct, the petitioner may be issued with the legal heir certificate on or before 28.02.2020. With the above observation, the writ petition is disposed of."
19. These orders are relied on by this Court to emphasize the fact that despite the bar placed by the CRA and the Government on the revenue officials in issuing the legal heir certificate to Class-II heirs, this Court time and again held that the Revenue Department cannot wash off their hands by merely asking the citizens to approach the Civil Court for redressing their remedies, which are otherwise ought to have been redressed by them. Such orders are passed by this Court taking note of the following facts : that the revenue department is having lower level officers, who are familiar with the people living in the concerned Village and there are revenue officers under the Tahsildar and also functioning in the villages and they would be in a position to know the members of the family ; that the village Administrative 18/22 http://www.judis.nic.in W.P.No.5940 of 2017 Officer is expected to know each and every family of the village and he cannot plead ignorance about the relationship ; that the village Administrative Officer is the Revenue Co-ordinating Officer of the Revenue and he must keep a close watch on the village and he should update his information; that the problem of issuing a legal heir certificate to class II heirs could be resolved, in case a workable method is adopted by the revenue authorities ; that since enquiry has to be made, the Tahsildar can direct the parties to produce birth certificates indicating the relationship and he/she can also conduct an enquiry in the village level through the Village Administrative Officer and in case, at a later point of time, it is turned out to be a false claim, it is open to the Tahsildar to cancel the certificate and even criminal action can be taken.
20. Thus, this Court repeatedly held that the difficulty to identify the members of the class II heirs by the revenue authorities cannot be the reason to reject the request for issuance of legal heir certificates.
21. This Court is of the view that since most of those orders have been passed directing the revenue officers at the district level, the CRA would 19/22 http://www.judis.nic.in W.P.No.5940 of 2017 have no occasion to deal with those aspects, unless and until the same were placed by the authorities at district level before him, while issuing the Circular No.9/2019 and thus, no reliance was placed by the CRA on even a single order of this Court to issue revised guidelines and instructions to the officers to issue legal heir certificate and as indicated earlier, the said circular is silent about Section 15 of the Hindu Succession Act. In such view of the matter, it would be appropriate to direct the CRA to reissue a circular covering all those aspects.
22. The CRA is at liberty to make it clear in the revised circular that the appeal and revision are to be filed before the respective revenue authorities against the orders of the Tahsildar, as indicated above, in the subject circular. It is also open to the CRA to include some other modalities and conditional clauses in the process of issuance of legal heir certificate to have checks and balances effectively. This Court is of the view that the guidelines of field verification, etc., are devotedly followed by the field level officers, i.e., VAO, RI and Tahsildars, in their letter and spirit, the so-called lis and other issues surrounding Class II legal heirs could well be avoided. 20/22 http://www.judis.nic.in W.P.No.5940 of 2017
23. In view of the foregoing discussion, the CRA is directed to consider the above referred and other orders of this Court and after touching upon the provisions of the Hindu Succession Act, in particular Section 15 of the said Act and other personal laws, shall reissue revised guidelines and instructions in the light of those orders and provisions to the revenue officers to issue legal heir certificate strictly in accordance with the said circular in its letter and spirit.
24. With the above observations, this writ petition is dismissed.
27.07.2020
Index : Yes / No
Internet : Yes
gg/rsi
To
The Tahsildar,
Tharangampadi Taluk,
Nagapattinam District.
Copy to :
The Additional Chief Secretary/
Commissioner of Revenue Administration,
Revenue Administration, Disaster Management
and Mitigation Department,
Chepauk, Chennai-600 005.
PUSHPA SATHYANARAYANA, J.
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W.P.No.5940 of 2017
gg/rsi
W.P.No.5940 of 2017
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