Madras High Court
Suganthi vs The Revenue Divisional Officer on 21 August, 2014
Author: N. Paul Vasanthakumar
Bench: N. Paul Vasanthakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.8.2014
CORAM
THE HONOURABLE MR.JUSTICE N. PAUL VASANTHAKUMAR
W.P.No.13304 of 2013
& M.P.No.1 of 2013
Suganthi ..Petitioner
Vs.
1. The Revenue Divisional Officer
Tambaram
Kanchipuram District.
2. The Tahsildar
Tambaram
Kanchipuram District.
3. M. Subburathinam ..Respondents
Prayer: Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus calling for the records in Na.Ka.No.17/2013/E dated 8.2.2013 passed by the first respondent, quash the same as unsustainable in law and consequently direct the respondents to delete the name of Subburathinam (class-II Legal Heir) from the Legal Heir Certificate issued vide Pa.mu.No.5721/2011/A6 dated 2.12.2011 by the second respondent herein.
For Petitioner :: Mr.S. Parthasarathy
For Respondents :: Mr.V. Subbiah
Spl. Govt. Pleader
for RR1 and 2
Mr.S. Kanniah for R.3
--------
ORDER
This writ petition is filed to set aside the legal heir certificate issued by the first respondent dated 8.2.2013 and direct the first respondent to delete the name of the third respondent (Class-II Legal Heir) from the Legal Heir Certificate.
2. The case the petitioner is that her husband passed away on 24.10.2011. She was residing at Door No.228, G.S.T. Road, Chrompet, Jamin Pallavaram, Alandur Taluk, Chennai-600 044 along with her husband and minor son Shyam till then. The petitioner, her son and the mother of the petitioner's husband by name Parameswari are Class-I Legal Heirs of the petitioner's husband as per Section 8 of the Hindu Succession Act. However the second respondent included the name of the third respondent, who is the father of the petitioner's husband as legal heir.
3. The contention of the petitioner is that the said mistake has crept in by not conducting proper enquiry and not giving an opportunity of personal hearing to the petitioner and the same is in violation of the Government Order in G.O.(Rt.) No.2906, Revenue dated 4.11.1981, which was communicated to all the Tahsildars through letter (Rt.) NO.1534 dated 28.11.1991 by the Secretary to Government, Revenue Department.
4. According to the petitioner, the said Government Order should also be borne in mind by the Officer, who issues the Legal Heir Certificate, wherein one of the guidelines is that the legal heir certificate should be issued after arriving at a decision as to who are the legal heirs of the deceased without giving any room for suspicion. As per the Government Order, after receiving the report of the Revenue Inspector, the Tahsildar shall scrutinize the same and issues certificate.
5. The learned counsel for the petitioner submitted that when class -I legal heir is available, including the name of third respondent, who is a class-II legal heir in the Legal Heir Certificate is not proper.
6. The learned counsel appearing for the third respondent submitted that the third respondent being the father of the petitioner's husband, there is no illegality in including his name in the Legal Heir Certificate.
7. The Government has already issued guidelines to be followed while considering the issuance of Legal Heir Certificate in the above Government order dated 4.11.1981 and Government letter dated 28.11.1991, which clearly states about the procedures to be followed. The said letter reads as follows:
" ISSUANCE OF LEGAL HEIRSHIP CERTIFICATE/PROCEDURE Government of Tamilnadu Fort St.George Revenue Department Chennai-9 Letter (Rt) No.1534, Dt.28.11.1991.
From To Thiru A.Seetharam Das, I.A.S., All the District Special Commissioner and Collectors Secretary to Government. Sub: Certificates/Tahsildars/Issuance of Legal Heirship certificate/some guidelines stipulated-reg. Ref: 1.G.O.(Rt)N.2906,Revenue Dt.4.11.81. 2. Letter of the Accountant General in P.V5.1K 353. 791 748.82/83.957 dated 3.1.83. 3. Letter of the Special Commissioner and Revenue Administrative Commissioner in Q.55466.85/15 dated 8.3.85. 4. Letter of the Special Commissioner and Revenue Administrative Commissioner in Na.Ka.32669.89 (Q.2), dated 20.6.90. ***
As mentioned in the G.O.1st cited under reference, on the basis of the suggestion given by the Accountant General, for stipulating some guidelines, with regard to the issue of legal heirship certificates by the Tahsildars, it was scrutinized by discussing with the Special Commissioner and the Commissioner of Revenue Administration.
2. The Commissioner of Revenue Administration, besides giving suggestions about the guidelines and procedures with regard to the issue of legal heirship certificates by the Tahsildars, has mentioned a format for issuing the legal heirship certificate. The Government accept the suggestions and the format given by the Special Commissioner and the Commissioner of Revenue Administration and accord the approval for implementing them. They have been enclosed with this letter. I request you to adhere to them without fail.
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.
4. I request, that, based on the abovesaid orders, necessary instructions shall be given to the Officers concerned.
5. I request that the receipt of this letter may kindly be acknowledged, at once.
Yours faithfully Sd/- K.V.Subramanian Special Commissioner and Secretary to Government. 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 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."
8. Since such procedures are not followed, the impugned order is set aside. The matter is remitted to the second respondent to conduct enquiry and pass fresh orders after issuing notice to the petitioner and third respondent and by considering the guidelines issued by the Government which are referred to in the letter dated 28.11.1991 within a period of eight weeks from the date of receipt of a copy of this order.
9. The writ petition is disposed of accordingly. Consequently, the connected MP is closed. No costs.
21.08.2014 Index: Yes/No Internet: Yes/No Tr/ To
1. The Revenue Divisional Officer Tambaram Kanchipuram District.
2. The Tahsildar Tambaram Kanchipuram District.
N. PAUL VASANTHAKUMAR,J.
Tr W.P.No.13304 of 2013 21.08.2014