Kerala High Court
Anwar Hussain A vs The Tehsildar on 13 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:12316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 5946 OF 2025
PETITIONERS:
1 ANWAR HUSSAIN A
AGED 64 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAYIKKARA MANSION,
T.P. NAGAR- 149, THAMARAKULAM,
BEACH ROAD, KOLLAM, PIN - 691001
2 NAZEER A
AGED 66 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAITHAVARAM BUNGLOW, KANKATHUMUKKU,
KOLLAM WEST VILLAGE, KOLLAM, PIN - 691012
3 ABDUL KALAM A
AGED 69 YEARS
S/O.LATE AHEMMED HUSSAIN,
KAITHAVARAM BUNGLOW, KANKATHUMUKKU,
KOLLAM WEST VILLAGE, KOLLAM, PIN - 691012
BY ADVS.
SRI.SHASHANK DEVAN
SRI.K.M.ANEESH
SRI.ADARSH KUMAR
SRI.YADU KRISHNAN P.M.
RESPONDENTS:
1 THE TEHSILDAR, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691001
2 THE VILLAGE OFFICER, VILLAGE OFFICE,
KOLLAM EAST, KOLLAM, PIN - 691001
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3 THE VILLAGE OFFICER, KOLLAM WEST
VILLAGE OFFICE, KOLLAM DISTRICT, PIN - 690013
4 JUVAIRY SALAM, AGED 59 YEARS
W/O.LATE ABDUL SALAM A., KAITHAVARAM BUNGLOW,
KANKATHUMUKKU, KOLLAM WEST VILLAGE, KOLLAM,
PIN - 691012
5 AMINA AADHIL, AGED 36 YEARS
W/O.M.N. AADHIL URSH, KAIKKARA BUNGLOW,
POOJAPPURA P.O., THIRUVANANTHAPURAM,
PIN - 695012
6 FATHIMA NIYAZ
AGED 38 YEARS
W/O.NIYAZ, KAIKKARA HOUSE, MUSLIYAR NAGAR-20,
KILIKOLOOR P.O., KOLLAM, PIN - 691004
7 AYSHA SALAM
AGED 34 YEARS
W/O.MUHAMMED IRFAN, 'ASNA', K.B. NAGAR-118,
MADAN NADA, THEKKEVILA, KOLLAM, PIN - 691016
8 KHADEEJA SALAM
AGED 30 YEARS
W/O.BINSHAD M, KAITHAVARAM BUNGLOW,
KANKATHUMUKKU, KOLLAM WEST VILLAGE,
KOLLAM, PIN - 691012
BY ADVS.
SRI.T.M.ABDUL LATHEEF
SMT.ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.10.2025, THE COURT ON 13.02.2026 DELIVERED
THE FOLLOWING:
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CR
N. NAGARESH, J.
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W.P.(C) No.5946 of 2025
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Dated this the 13th day of February, 2026
JUDGMENT
~~~~~~~~~ The petitioners, who are children of late Ahemmed Hussain and late Shereefa Beevi, seek to issue a writ of mandamus directing the 1st respondent-Tahsildar to issue legal heirship certificate as per Ext.P3 by effecting requisite notification in gazette in accordance with law and incorporating the names and relevant particulars of the writ petitioners and respondents 4 to 8 as the legal heirs of late Shereefa Beevi.
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2. Petitioners 1 to 3 are the children of late Ahemmed Hussain and late Shereefa Beevi. They are brothers of late Abdul Salam. Father Ahemmed Hussain passed away in the year 1980. Mother Shereefa Beevi expired on 12.11.2023. Abdul Salam A., brother of the petitioners, died on 03.12.2023. The 4th respondent is the wife of the deceased brother. Respondents 5 to 8 are his children.
3. The 1st petitioner filed Ext.P3 application dated 29.07.2024 before the Tahsildar seeking issuance of legal heirship certificate in respect of the deceased mother. The details of legal heirs are provided in Ext.P3 application. They also submitted Ext.P4 application for legal heir certificate in respect of the deceased brother.
4. The petitioners state that they have produced necessary documents to enable the Tahsildar to verify and issue legal heir certificate. Statements of the 2026:KER:12316 W.P.(C) No.5946/2025 :5: petitioners and neighbours were also given. The respondents made requisite verification. However, the 1st respondent did not issue legal heirship certificate.
5. The 1st petitioner therefore filed W.P.(C) No.31257/2024. This Court delivered Ext.P5 judgment directing the respondents to process the applications and take a decision in accordance with law within one month. Respondents 4 to 8 had filed W.A. (Filing) No.1791/2024 challenging Ext.P5 judgment. The writ appeal did not question the relationship between the parties. The appellants do not have a case that they are not legal heirs of the deceased persons. The writ appeal was disposed of as per Ext.P7 judgment holding that it is not necessary to entertain the appeal.
6. The 1st respondent, however, rejected the applications for legal heirship certificates as per Exts.P8 and P9 orders. The applications are rejected on the ground that 2026:KER:12316 W.P.(C) No.5946/2025 :6: there are disputes between the legal heirs concerned and in order to ascertain who are the legal heirs, civil court has to be approached to obtain a Succession Certificate or that Administrator General's office has to be approached to obtain Administration Certificate. The petitioner states that the reasons given by the Tahsildar are unsustainable and are not sufficient to reject application for legal heirship certificate.
7. The counsel for the petitioners argued that Exts.P8 and P9 are based on incorrect understanding and ipse dixit interpretation of the Kerala Village Office Manual. The 1st respondent has mechanically rejected the application. There is no serious dispute that the writ petitioners and respondents 4 to 8 are the legal heirs. Exts.P8 and P9 are issued without hearing the petitioners. The 1st respondent is therefore compellable to issue legal heirship certificates as requested by the 1st petitioner, contended the counsel.
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8. The 1st respondent filed counter affidavit. The 1st respondent stated that the petitioners filed application for legal heirship certificate of deceased brother A. Abdul Salam and their mother Shereefa Beevi. The petitioners stated that late Abdul Salam has only daughters. He asserted that as per Shariyat law, the brother of the deceased should also be included as legal heir along with daughters.
9. The 1st respondent stated that neither the wife or the children of deceased Abdul Salam have filed application for legal heirship certificate. They refused to give their statement before the Village Officer, Kollam West on the applications filed by the petitioners. The daughters of the deceased filed objections against issuance of the certificate. There is no illegality in Exts.P8 and P9.
10. Respondents 4 to 8 also resisted the writ petition and filed counter affidavit. Respondents 4 to 8 2026:KER:12316 W.P.(C) No.5946/2025 :8: submitted that legal heirship certificates are intended specifically for movable assets, the value of which is less than ₹5,000/-. There is no question of issuance of legal heirship certificate where the asset value is more than ₹5,000/-.
11. Respondents 4 to 8 pointed out that the 1st petitioner himself has filed OS No.661/2024 in the Munsiff's Court, Kollam alleging that a Clause in the partnership deed affects his right to inherit the partnership asset left behind by the deceased. The said Suit was returned for re-presentation before the commercial court. The matter is now pending before the Additional District Court, Kollam as CMA No.2/2025. The petitioners are not legal heirs of A. Abdul Salam. The petitioners who claim as full brothers cannot be treated as legal heirs entitled to inherit the property of the deceased.
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12. I have heard the learned counsel for the petitioners, the learned Government Pleader appearing for respondents 1 to 3 and the learned counsel appearing for respondents 4 to 8.
13. Exts.P3 and P4 are the applications submitted by the petitioners for legal heirship certificate. Ext.P3 application is in respect of the petitioners' mother and Ext.P4 is in respect of the petitioners' brother. Both the applications stand rejected on the ground that there are disputes relating to issuance of legal heirship certificate. The rejection is challenged by the petitioners.
14. Legal heirship certificates are issued by the Tahsildars on the basis of Clause 261 of the Kerala Village Office Manual. Clause 261 reads as follows:
"261. പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് (ഹഹെയർഷപിപറ്റ് സർടപിഫപിക്കററ്റ് ) - മരപിച്ചുപപച്ചായ ഒരു വവ്യകപി, സർക്കച്ചാരപിപലച്ചാ മറ്റു സച്ചാപനങ്ങളപിപലച്ചാ നപിപക്ഷേപപിചപിട്ടുള്ള സമച്ചാദവ്യവവ സർക്കച്ചാരപിൽ നപിപനച്ചാ മറ്റു സച്ചാപനങ്ങളപിൽ നപിപനച്ചാ പ്രസ്തുത വവ്യകപിക്കറ്റ് ലഭപിക്കച്ചാൻ അർഹെതയുള്ള മറ്റു തുകകളവ 2026:KER:12316 W.P.(C) No.5946/2025 : 10 : വച്ചാങ്ങുനതപിനുപവണപി അയച്ചാളഹട അനന്തരച്ചാവകച്ചാശപികൾക്കറ്റ് പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് ഹെച്ചാജരച്ചാപക്കണതുണറ്റ്.. പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കററ്റ് നൽകുവച്ചാൻ തഹെസപിൽദച്ചാഹരയച്ചാണു അധപികച്ചാരഹപ്പെടുതപിയപിട്ടുള്ളതറ്റ്. എനച്ചാൽ പപിന്തുടർചച്ചാവകച്ചാശവ വഴപി അപപക്ഷേകനറ്റ് ലഭപിക്കുവച്ചാനുള്ള തുക 5000 രൂപയപിൽ കവപിയുനതച്ചായച്ചാൽ തഹെസപിൽദച്ചാർ സർടപിഫപിക്കററ്റ് നൽകുവച്ചാൻ പച്ചാടുള്ളതല. അതരവ പകസ്സുകളപിൽ കക്ഷേപികൾ സപിവപിൽ പകച്ചാടതപിയപിൽ നപിനവ സഹക്സെഷൻ സർടപിഫപിക്കററ്റ് വച്ചാപങ്ങണതച്ചാണറ്റ്. പപിന്തുടർചച്ചാവകച്ചാശ സർടപിഫപിക്കറപിനുള്ള അപപക്ഷേ ലഭപിച്ചു കഴപിഞച്ചാൽ ഉടൻ തഹന വപിപലജറ്റ് ഓഫഫീസർ അപപക്ഷേകഹന്റെയുവ, അയൽക്കച്ചാരുഹടയുവ ഹമച്ചാഴപി വച്ചാങ്ങപി ജച്ചാതപി നഫീതപി (പപഴ്സണൽ ലച്ചാ) അനുസരപിച്ചു അവകച്ചാശപികൾ ആഹരലച്ചാമച്ചാഹണന തപിടഹപ്പെടുതപി തഹെസപിൽദച്ചാർക്കറ്റ് റപിപപ്പെച്ചാർടറ്റ് സമർപ്പെപിപക്കണതുവ ആയതറ്റ് ഗസറപിൽ പരസവ്യഹപ്പെടുതപി ആപക്ഷേപങ്ങൾ പരഖഹപ്പെടുതപി തഫീർച ഹചെയ്തതപിനുപശഷവ സർടപിഫപിക്കററ്റ് നൽപകണതുമച്ചാണറ്റ്. തർക്കമുള്ള പകസ്സുകഹളലച്ചാവ സപിവപിൽ പകച്ചാടതപി മുഖച്ചാന്തപിരവ തഫീർച ഹചെയ്യണതച്ചാണറ്റ്."
15. From Clause 261, it is clear that legal heirship certificate is issued in order to enable the legal heirs to receive any savings or deposits made by the deceased. It is also clear that if the value of the claim is more than ₹5,000/-, the Tahsildar should not issue legal heirship certificate. In such cases, the parties should go to civil court 2026:KER:12316 W.P.(C) No.5946/2025 : 11 : and obtain Succession Certificate.
16. In the judgment in W.P.(C) No.13305/2018, this Court considered legality of rejecting application for heirship certificate. Relying on the judgment of this Court in Vishalakshi v. Bank of India [2006 (2) KLT 488], this Court held that a Succession Certificate can be applied for only in respect of debts and securities and cannot be granted in respect of immovable property.
17. Usually, a legal heirship certificate serves to identify the relationship of the heirs to the deceased person. Clause 261 of the Kerala Village Office Manual provides that the heirs of a deceased person shall produce heirship certificate issued by the Tahsildar for receiving the savings deposited by the deceased with the Government or other institutions.
18. G.O.(MS) No.359/67/RD dated 10.08.1967 which deals with issuance of heirship certificate provides that 2026:KER:12316 W.P.(C) No.5946/2025 : 12 : the certificate is to be issued for receiving the savings deposit by the deceased with the Government or other institutions or other eligible amount due to the deceased from Insurance Company or other institutions.
19. G.O.(MS) No.359/67/RD dated 10.08.1967 further provides that as per Part III of the KSR, the arrears of pension of a deceased pensioner can be paid to the heirs of the deceased to the extent of ₹1,00,000/- on production of a legal heriship certificate issued by the Tahsildar under the State Government in whose jurisdiction the pensioner lived and died or was drawing his pension or in whose jurisdiction the heirs of the deceased live.
20. The G.O. further provides that the heirship certificate should be issued by the Tahsildars on applications submitted by the claimants concerned, after enquiring into the claims through the Village Officer concerned. The G.O. also provides for publication in Gazette, enquiry into the objection, 2026:KER:12316 W.P.(C) No.5946/2025 : 13 : etc. In Renuka K.K. v. State of Kerala and others [2018 (5) KHC 601], this Court held that heirship certificates are intended specifically for movable assets, the value of which is less than ₹5,000/-.
21. A Full Bench of the Hon'ble High Court of Judicature at Madras considered the question of issuance of legal heirship certificate in W.P. No.25247/2021 and connected cases in the context of guidelines prescribed by the Special Commissioner for Revenue Administration for issuance of legal heirship certificate. The Full Bench of the High Court of Judicature at Madras held as follows:
A. Legal heirship is a status governed by the respective personal law of parties through various statutes. The certificates issued by the Tahsildar amount to nothing more than a relationship certificate reflecting the opinion of the Tahsildar as to the relationship of the applicant and others named therein with the deceased. Consequently, the certificate issued by the Tahsildar does not affect the legal right of any party and has no bearing on the status of a legal heir which is conferred on an individual under his/her personal law.
B. An administrative circular does not have the force of law and does not bind the citizen or the 2026:KER:12316 W.P.(C) No.5946/2025 : 14 : Court. They, however, bind the Tahsildar as a measure of ensuring administrative discipline and securing consistency in decision-making. The discretion of the Tahsildar is circumscribed by these administrative instructions which may be issued, from time to time, by the Commissioner of Land Administration.
C. Consequently, a writ of mandamus under Article 226 of the Constitution will not lie to direct the Tahsildar to issue a legal heirship certificate contrary to the terms of a circular. An exception to the aforesaid principle is where the circular, ex-
facie, suffers from the vice of arbitrariness or perversity or runs counter to any provision of law. In such cases, it is open to the Court to ignore the circular and grant such relief(s) as may be permissible in law.
D. In the absence of any conflict with any primary or delegated legislation holding the field, G.O. Ms. No.581 Revenue Department dated 03.04.1987 casts a duty on the Tahsildar to issue a legal heirship certificate as per the norms and guidelines prescribed by the Commissioner of Land Administration. G.O. Ms.No.581 Revenue Department dated 03.04.1987 is undoubtedly a law as it has been issued in exercise of executive power under Articel 162 of the Constitution of India. Consequently, when the Tahsildar keeps the application pending and does not decide on it one way or the other, a writ of mandamus may be issued by the High Court directing the Tahsildar to decide the application in terms of G.O.Ms.No.581 Revenue Department dated 03.04.1987 and the applicable circulars. The decisions in N.Dhanalakshmi (supra) and E. Thirumurthy (supra), to the extent that they hold that the Tahsildar has no power to issue a certificate of this nature, will stand overruled.
2026:KER:12316 W.P.(C) No.5946/2025 : 15 : E. A legal heirship certificate issued by a Tahsildar cannot be equated to a succession certificate issued by a Court under Part X of the Indian Succession Act, 1925, in respect of the debt or securities. In this view of the matter, the High Court, in exercise of Article 226 of the Constitution of India, does not create any new mechanism as stated in the order of reference.
22. Considering Clause 261 of the Village Office Manual of the Government of Kerala and the Government Orders issued in this regard, it is evident that a legal heirship certificate can be issued when the claim of the applicant in respect of his right to inheritance is not exceeding ₹5,000/-. As far as government servants are concerned, legal heirship certificate can be issued to the heirs of government servant, provided the amount due to the deceased government servant does not exceed ₹1,00,000/-. Legal heirship certificate can also be issued for disbursement of compensation under the third party insurance scheme or under directions to parties by liquidators and Co-operative Societies, Bank and other institutions.
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23. In the case of the petitioners, Exts.P3 and P4 applications would show that the petitioners have applied for legal heirship certificate, not to claim any amount up to ₹5,000/-. It is not an application by legal heirs of government servants either. The petitioners have applied for legal heirship certificate in order to produce before Court of law. The petitioners cannot seek legal heirship certificate for the purpose of producing the same before a Court. The petitioners cannot seek a writ of mandamus for issuance of legal heirship certificate by the Tahsildar concerned, for that purpose.
The writ petition is therefore without any merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/10.02.2026 2026:KER:12316 W.P.(C) No.5946/2025 : 17 : APPENDIX OF WP(C) NO. 5946 OF 2025 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF DEATH CERTIFICATE OF LATE SHEREEFA BEEVI DATED 21-12-2023 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE OF LATE ABDUL SALAM DATED 01-03-2024 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THRIKKOVILVATTOM GRAMA PANCHAYAT Exhibit P2(A) A TRUE COPY OF FAMILY MEMBERSHIP CERTIFICATE DATED 29-10-2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 29-07-2024 ALONG WITH COVERING LETTER FILED BY THE 1ST PETITIONER BEFORE THE RESPONDENT NO.1 REQUESTING TO ISSUE HEIRSHIP CERTIFICATE OF THE DECEASED MOTHER, LATE. SHEREEFA BEEVI Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 29-07-2024 AND COVERING LETTER FILED BY THE 1ST PETITIONER BEFORE THE RESPONDENT NO.1 REQUESTING TO ISSUE HEIRSHIP CERTIFICATE OF DECEASED BROTHER LATE. ABDUL SALAM. A. Exhibit P5 A TRUE COPY OF JUDGMENT DATED 04-09- 2024 IN WP© NO. 31257/2024 PASSED BY THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE RELEVANT PORTION OF MEMORANDUM OF WRIT APPEAL IN WA NO.
1791 /2024( FILING NO.) WITHOUT
ANNEXURES, EXHIBITS, WP© COPY,
PETITION SEEKING FOR ACCEPTING
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ADDITIONAL DOCUMENTS, LEAVE PETITION, MEMO OF APPEARANCE, UNDERTAKING ETC. Exhibit P7 A TRUE COPY OF JUDGMENT DATED 21-11-
2024 IN WA NO. 1791/2024 ( FILING NO.)
Exhibit P8 A TRUE COPY OF ORDER DATED 19-12-2024
ISSUED BY THE 1ST RESPONDENT
PERTAINING TO APPLICATION SUBMITTED FOR LEGAL HEIRSHIP CERTIFICATE PERTAINING TO LATE. SHEREEFA BEEVI Exhibit P9 A TRUE COPY OF ORDER DATED 19-12-2024 ISSUED BY THE 1ST RESPONDENT PERTAINING TO APPLICATION SUBMITTED FOR LEGAL HEIRSHIP CERTIFICATE PERTAINING TO LATE. ABDUL SALAM A. RESPONDENTS' EXHIBITS Exhibit R1(a) TRUE COPY OF THE APPLICATION FILED BY THE AMINA ADHIL Exhibit R1(b) TRUE COPY OF THE OBJECTION FILED BY DAUGHTERS OF THE DECEASED Exhibit R5(a) TRUE COPY OF THE OBJECTION FILED BY THE RESPONDNET NO 4 DATED 22-03-2025 Exhibit R5(b) TRUE COPY OF THE OBJECTION FILED BY RESPONDENTS NO. 5 AND 7 DATED 21-08- 2024 Exhibit R5(c) COPY OF THE OBJECTION DATED 12-09-2024 Exhibit R5(d) TRUE COPY OF THE ORDER DATED 21.11.2024 IN WA NO 1179OF 2024 Exhibit R5(e) TRUE COPY OF THE JUDGMENT IN W P ( C ) 13305 OF 2018 DATED 06.10.2021 Exhibit R5(f) COPY OF THE JUDGMENT IN WP(C) 28896 OF 2017 DATED 28.11.2017 Exhibit R5(g) COPY OF THE INTERIM ORDER DATED 19-12- 2024 IN IA 2/2024 IN OS 661/2024 OF MUNSIFF COURT KOLLAM Exhibit R5(h) COPY OF THE INTERIM ORDER DATED 20-01- 2025 IN LA.NO.01 OF 2025 IN CMA.NO.02 OF 2025 OF THE ADDL. DISTRICT COURT, KOLLAM 2026:KER:12316 W.P.(C) No.5946/2025 : 19 : Exhibit R5(i) TRUE COPY OF THE I A 1/2025 IN OS 19/2025 BEFORE SUB COURT KOLLAM Exhibit R5(j) COPY OF THE PLAINT IN 0.S.NO.445/2020 DATED 3.8.2020, FILED BY THE 1 PETITIONER Exhibit R5(k) COPY OF THE JUDGMENT IN OP(DRT) NO.211/2024 DATED 10.7.2024