Madras High CourtWP(MD)/19049/2015disposed of

S.Shanthi v. The Principal Secretary To

2015-10-16Honourable Mr Justice R.Subbiah4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.19049 of 2015 S.Shanthi

...Petitioner

Vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai- 600 009.

2.The Commissioner of Revenue Administration, The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, The Collectorate, Madurai - 625 020.

4.The Sanitary Inspector cum Registrar of Births and Deaths, Kovilpatty Municipality, Kovilpatty, Tuticorin District.

5.The Tahsildar, Madurai North, The Collectorate, Madurai - 625 020.

6.The Revenue Inspector, Satghamangalam Birka, Madurai North Taluk, Collectorate, Madurai - 625 020.

7.The Village Administrative Officer, Anaiyur Village, Anaiyur, Madurai.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Na.Ka.No.2609/15/D1, dated 25.03.2015 on the file of the fifth respondent herein and quash the same and consequently directing the fifth respondent to issue a legal heirship certificate to the petitioner within the stipulated time period in the light of the

provisions of the Tamil Nadu Revenue Administration Manual 2001 and on the basis of the reports of the sixth and seventh respondents. For petitioner : Mr.G.Thiagarajan For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Na.Ka.No.2609/15/D1, dated 25.03.2015 on the file of the fifth respondent herein and quash the same and consequently directing the fifth respondent to issue a legal heirship certificate to the petitioner within a stipulated time in the light of the provisions of the Tamil Nadu Revenue Administration Manual 2001 and on the basis of the reports of the sixth and seventh respondents.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. In the affidavit it has been averred that the petitioner got married to one Mr.Soundarapandian on 07.03.2007. The father of the petitioner's husband died on 05.11.1996 and legal heirship certificate, dated 09.01.2003 was issued by the fifth respondent showing the petitioner's mother-in-law(Murugammal), the petitioner's husband(V.Soundarapandian) and the petitioner's brother-in-law(V.Senthurpandian) as legal heirs. The petitioner's brother-in-law (V.Senthurpandian) died on 11.11.2008 and the petitioner's husband(V.Soundarapandian) died on 24.04.2012 and thereafter the petitioner's mother-in-law(V.Murugammal) died on 15.08.2013. Thereafter, the petitioner applied for issuance of legal heirship certificate to the petitioner stating that she is the sole legal heir of her mother-in-law. But, the fifth respondent rejected the petitioner's request stating that the petitioner is not a direct legal heir. Aggrieved over the same, the present Writ Petition has been filed.

5. The learned counsel for the petitioner by inviting the attention of this Court to the Tamil Nadu Revenue Administration Manual, 2001, submitted that as per the procedure laid down in the said Manual, the authorities can advise a person, who applies for legal heirship certificate to approach the civil Court for issuance of legal heir certificate in the absence of a direct legal heir, only 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.

6. Thus by relying upon the above provision, the learned counsel for the petitioner submitted that except the category mentioned above, in all the other cases, the concerned authority can issue legal heirship certificate. In the instant case, the petitioner applied for legal heirship certificate of her deceased mother-in-law. Hence, she is entitled to gel legal heirship certificate.

7. I finds some force in the contentions raised by the learned counsel for the petitioner. The claim of the petitioner has to be considered by the fifth respondent only based on Tamil Nadu Revenue Administration Manual, 2001.

8. In the result, the Writ Petition is allowed. No Costs. The order of the fifth respondent in Na.Ka.No.2609/15/D1, dated 25.03.2015 is hereby set aside. Further, the fifth respondent is directed to consider the application of the petitioner and pass appropriate order on merits and in accordance with the Tamil Nadu Revenue Administration Manual 2001 and on the basis of the reports of the sixth and seventh respondents by affording an opportunity of hearing to the petitioner and all other necessary parties,

within a period of three weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (Per.Admn.) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai- 600 009.