Madras High Court
J.Ravi vs The District Collector on 16 December, 2020
Bench: N.Kirubakaran, B.Pugalendhi
W.P.(MD)No.18477 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2020
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.18477 of 2020
J.Ravi ... Petitioner
Vs.
1.The District Collector,
Trichy District, Trichy.
2.The Sub Collector cum
Revenue Divisional Officer,
Musiri, Trichy District.
3.The Tahsildar,
Thuraiyur Taluk,
Trichy Distrit.
4.The Revenue Inspector,
Uppiliyapuram Firka,
Thuraiyur Taluk,
Trichy District.
5.Akhila,
ADW Special Tahsildar,
District Collectorate,
Trichy District.
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W.P.(MD)No.18477 of 2020
6.Rajendran,
The Revenue Inspector,
Uppiliyapuram Firka,
Thuraiyur Taluk,
Trichy District.
7.The Special Commissioner/
Government Secretary,
Revenue Department, Secretariat,
Chennai-9. ... Respondents
(R.7 is suo motu impleaded by this Court
vide order dated 16.12.2020)
Prayer : Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus to direct the first respondent to take action
against the respondents 5 and 6, based on the representation given by the
petitioner, dated 01.07.2020.
For Petitioner : Mr.K.Sivabalan
For Respondents : Mr.M.Muthugeethaiyan
Special Government Pleader
for R.1 to R.4
ORDER
(Order of the Court was made by N.KIRUBAKARAN,J) This Writ Petition has been filed by the petitioner as a Public Interest Litigation seeking for issuance of a Writ of Mandamus, to direct 2/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 the first respondent to take action against the respondents 5 and 6, based on the representation given by the petitioner, dated 01.07.2020.
2. The petitioner has filed this Public Interest Litigation by stating that the third respondent Tahsildar, contrary to the Government Orders and Regulations, has issued Legal Heir Certificate to one group, wherein the deceased person had two wives. In this case, the petitioner pointed out that one Veerappan and Subash Chandrabose had two wives.
The respective wives of the aforesaid persons filed petitions for Legal Heir Certificates to the third respondent. The third respondent is said to have issued Legal Heir Certificate, which is contrary to the letter issued by the Special Commissioner/Government Secretary, Revenue Department St.George Fort, Chennai-9, in letter No.1534, dated 28.11.1991.
3. As per the said guidelines, when there are two contrary claims from two wives for Legal Heir Certificate, the Tahsildar does not have jurisdiction and the competent Civil Court alone can declare as to who are all the legal heirs.
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4. Similarly, in the year 2017, the Principal Secretary/ Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Chepauk, Chennai-600 005, also issued Circular No.11/2017, Rc.No.RA5(3)/180/2017, dated 09.08.2017. In spite of that, the third respondent had issued certificates to one of the wives of the aforesaid persons.
5. In this regard, the petitioner gave a representation, dated 01.07.2020 to the respondents 1 and 2 to take action against the third respondent for having issued Legal Heir Certificate to one of the wives of the aforesaid deceased persons.
6. Based on the representation of the petitioner, an enquiry has been contemplated by the Sub-Collector, Musiri, Trichy District, as evident from the proceedings, dated 09.07.2020, issued by the Sub-
Collector, Musiri, Trichy District.
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7. From the above, it is clear that action has already been taken, based on the petitioner's representation, dated 01.07.2020 and enquiry is being conducted against the third respondent by the Sub-Collector.
Therefore, the Sub-Collector, viz., the second respondent shall conduct enquiry and take a decision within a period of eight weeks, after hearing all the parties.
8. It is evident from the records that when there are two contrary claims by two wives for issuance of Legal Heir Certificates, the Authorities time and again, gave instructions to the Tahsildar not to issue Legal Heir Certificates in those cases and the parties have to be advised to approach the competent civil Court.
9. It is relevant to extract hereunder the Letter No.1534, dated 28.11.1991, issued by the Special Commissioner/Government Secretary, Revenue Department St.George Fort, Chennai-9:
“ghh;it xd;wpy; fz;Ls;s murhizapy; Fwpg;gpl;Ls;sgo tl;lhl;rpah;fs; thhpRr; rhd;wpjH;fs;5/17
http://www.judis.nic.in W.P.(MD)No.18477 of 2020 tHq;FtJ bjhlh;ghf rpy tHpKiwfs; tFf;f khepy fzf;fhah; tHq;fpa[s;s Mnyhridapd; mog;gilapy; rpwg;g[ Mizah; kw;Wk; tUtha; eph;thf MizaUld; fye;J Ma;t[ bra;ag;l;lJ.
2. tl;lhl;rpah;fs;> thhpRr; rhd;wpjH; tHq;Fjy;
bjhlh;ghd tHpKiwfs; (guidelines) kw;Wk; eilKiwfs; (procedure) gw;wpMnyhrid tHq;fpaJld;> mt;thW thhpRr; rhd;wpjH; tHq;f Xh; gl;oiaa[k; (format) Fwpg;gpl;Ls;shh;. muR> thhpRr; rhd;wpjH; tHq;Fjh; bjhlh;ghf rpwg;g[ Mizah; kw;Wk; tUtha; eph;thf Mizah; tHq;fpa[s;s Mnyhridfisa[k; gl;loiaa[k; (format) Vw;W mitfs; bray;Kiwg;gLj;j xg;g[jy; mspf;fpwJ. mitfs; ,f;fojj;Jld; ,izf;fg;gl;Ls;sd. mitfisj; jtwhJ gpd;gw;WkhW nfl;Lf;bfhs;fpnwd;.
3. rpy tl;lhl;rpah; tHq;Fk; thhpRr;
rhd;wpjH;fspy; “ MW khjj;jpw;F kl;Lnk bry;YgoahFk; (valid for six months only)vd;Wk; “mit chpik ,ay; ePjpkd;wq;fspy; bry;yhJ (not valid in any court of law)vd;Wk; epge;jid thrfq;fs; vGjg;gl;og;gjhf bjhpfpwJ. tl;lhl;rpah;fshy; tHq;fg;gLk; thhpRr; rhd;wpjH;fisa[k; ePjpkd;wq;fshy; 1925 Mk; Mz;L ,e;jpa neuo thhpRr;rl;lj;jpd; fPH; tHq;fg;gLk; neuo thhpRr; rhd;wpjH;fisa[k; rkkhff; fUj KoahJ. nkYk; epge;jidfs; tpjpg;gjw;F tpjpKiwfspy; tif ,y;iy. vdnt> thhpRr; rhd;wpjH; tHq;Fk;nghJ 6/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 nkny Fwpg;gpl;Ls;s epge;jidfs; vija[k; tpjpf;f ntz;lhk; vdf; nfl;Lf;bfhs;fpnwd;.
4. nkw;fz;l Mizfspd; mog;gilapy;> bjhlh;g[ila midj;J mYtyh;fSf;F jFe;j mwpt[Wj;jq;fs; tHq;FkhWk; nfl;Lf;bfhs;fpnwd;.
5. ,f;fojj;jpidg; bgw;Wf;bfhz;likf;fhd xg;g[ifia cld; mDg;gp itf;FkhWk; nfhUfpnwd;.”
10. Similarly, it is relevant to extract hereunder the Circular No.11/2017, Rc.No.RA5(3)/180/2017, dated 09.08.2017 issued by the Principal Secretary/ Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Chepauk, Chennai-600 005:
“ The Government have issued detailed instructions vide G.O.(Ms) No.2006, Revenue Department, dated 04.11.1981, G.O.(Ms) No.581, Revenue Department, dated 03.04.1987 and Government letter No.1534, Revenue Department, dated 28.11.1991 on the guidelines to be followed for issue of Legal Heir Certificate manually.7/17
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2) It is proposed to issue the Legal Heir Certificate through online web based application in addition to the other Revenue certificates. In order to enable quicker processing and for effective implementation, the following procedures and guidelines are issued to be followed.
3.Direct Legal heir Direct Legal heirs are sons, daughters, husband, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a pre-deceased sons of a predeceased son, and widows of a pre- deceased son of a predeceased son. Son of a predeceased daughter of a predeceased daughter, daughter of a predeceased daughter of a predeceased daughter, daughter of a predeceased son of a predeceased daughter, daughter of a predeceased daughter of a predeceased son.
4.Procedure to be followed:
Legal Heir Certificates shall be issued by Tahsildars for all direct legal heirs applying for 8/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 certificate through online. The petitioner can apply electronically from any of the CSCs or online to the Tahsildar in whose jurisdiction, the deceased person ordinarily resided before his death. (If the person has resided for less than 6 months, then the Tahsildar shall obtain a report from the Tahsildar in whose jurisdiction the deceased resided for more than a year).
5.The applicant should compulsorily submit the following details while submitting the application:
* Death certificate of the deceased or Late Registration Certificate from RDO.
* Any one of the following documents should be submitted as Proof of residence of the deceased person.
(i) Aadhaar Card
(ii)Vote ID Card
(iii)Passport
(iv)Bank Pass Book/Postal Savings Book
(v) Driving License
(vi)Pension payment Order 9/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 5-1) If any one spouse survives-then they shall be the applicant and submit following documents:
* Marriage Registration Certificate or Passport or Voter ID orAadhaar cards or NPR document should be submitted to establish relationship.
* Birth Certificate of all children or T.C., of all children * Self declaration of the spouse indicating all other legal heirs (including Mother-in-law if the wife is the applicant) 5-2) If parents are deceased, then any one child shall be the applicant and submit the following documents:
a) If applicant is a Major * Death certificate of parents * Birth certificate or Community Certificate or Passport or Aadhaar (all eligible heirs) or T.C., or NPR or Employee Service Record.10/17
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b) If applicant is a Minor, Guardian can apply and submit the following documents:
* Death certificate of parents * Birth certificate or T.C., or NPR or Employee Service Record or Community certificate or Passport or Voter ID or Aadhaar of all eligible heirs.
* Guardianship order issued by the Hon'ble Civil Court to prove relationship to the heirs.
5-3) In case of unmarried Children-Parents or Siblings shall be the applicant and submit the following documents:
* Death certificate of deceased. * Any proof to establish relationship of deceased (ie.,) Birth certificate/T.C., of deceased etc., * Self-declaration of the parents/siblings.
6) Legal heir application will be processed by the following system:
On an application of fee of Rs.60/-, the applicant shall apply at the CSC or online, the certificate will be issued within 15 working days.11/17
http://www.judis.nic.in W.P.(MD)No.18477 of 2020 The work flow will be CSC - VAO – RI – HODT – Tahsildar The VAO must verify the documents and recommended 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.
7.General Instructions:
Tahsildars shall not issue Legal Heir Certificates for the following cases and to inform the 12/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 applicants to approach the Competent Court for obtaining the Legal Heir Certificates.
(i) If more than one wife/husband exist for the deceased.
(ii) When there is a dispute for settlement/partition of properties of the deceased.
(iii) In case of the person treated as death who is missing for the period of 7 years or staying away from the family.
(iv) In the case of adopted child or No children.
(v) No certificate, shall be issued under Indian Succession Act, 1925.
8) Appeal Provision:
If any legal heir disputes the issued Legal Heir Certificate, an appeal petition shall be filed to the respective Revenue Divisional Officer within a period of one year from the date of issue of the certificate for making alterations, corrections – deletions or inclusions.13/17
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9) Power of Revision:
The power of revision lies with the District Collector and Revision Petition shall be filed by the applicant within a period of 3 years from the date of issue of the appeal order.
All the District Collectors are instructed to follow the circular and communicate to the concerned subordinate officers and instruct them to follow the procedures and guidelines scrupulously without fail. The receipt of the circular may be acknowledged.
Sd/- K.Satyagopal Principal Secretary/ Commissioner of Revenue Administration.”
12. The above proceedings would make it clear that the Tahsildars have got no power and jurisdiction to issue the Legal Heir Certificates, when the deceased had two wives during his life time and the parties have to be directed to approach the competent civil Court.14/17
http://www.judis.nic.in W.P.(MD)No.18477 of 2020 Therefore, it is made clear that the Tahsildars shall not issue any Legal Heir Certificate contrary to the above proceedings.
13. Considering the facts and circumstances of the case, this Court suo motu impleads “ The Special Commissioner/Government Secretary, Revenue Department, Secretariat, Chennai-9” as seventh respondent in this writ petition. No notice is necessary to the newly impleaded seventh respondent, as this Court only directs the second respondent to conduct enquiry and take a decision, after issuing notice to all the parties including the petitioner and the respondents 5 and 6 and other connected persons.
14. With the above observations, the Writ Petition is disposed of. No costs.
[N.K.K.J.,] [B.P.J.,]
16.12.2020
Index :Yes/No
Internet :Yes/No
SSL
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W.P.(MD)No.18477 of 2020
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, Trichy District, Trichy.
2.The Sub Collector cum Revenue Divisional Officer, Musiri, Trichy District.
3.The Tahsildar, Thuraiyur Taluk, Trichy Distrit.
4.The Revenue Inspector, Uppiliyapuram Firka, Thuraiyur Taluk, Trichy District.
5.The Special Commissioner/ Government Secretary, Revenue Department, Secretariat, Chennai-9 16/17 http://www.judis.nic.in W.P.(MD)No.18477 of 2020 N.KIRUBAKARAN,J.
AND B.PUGALENDHI,J.
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