This single-judge writ petition challenged the rejection of an application for a legal heir certificate. The court held that existence of dispute between heirs does not affect status and set aside the rejection order, directing issuance within six weeks.
Rejection order set aside; Tahsildar to issue legal heirship certificate within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.21499 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.21499 of 2022
M.D.Jayakumar
..Petitioner
Vs.
5.B.Chitra
6.G.Shanthi @ Gouselya ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, calling for the records in respect of the legal heir certificate CAN.No.133020318696029 in Application No.TN-7202206071834 and service charge Acknowledgement
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Receipt Rs.60 dated 07.06.2022, issued by the 2nd respondent, quash the same and consequently, direct the 2nd respondent to issue the legal heir certificate based on the petitioner application dated 07.06.2022.
For Petitioner : Mr.B.Chandran
For Respondents : Mr.M.Muthusamy,
Government Advocate for R1 and R2
R3 to R6 – insufficient address
O R D E R
The petitioner is aggrieved by the rejection of his on-line application for grant of legal heirship certificate.
2. Claiming that his mother Maragatham died on 07.06.2012, the
petitioner sought for issuance of legal heirship certificate. He had given the details of his siblings in the affidavit filed in support of the application. In support of his claim he has also produced the Voter ID Cards issued by the Election Commission of India, to his sisters.
3. The Tahsildar has rejected the claim on the ground that since
there is a dispute between the applicant and his sisters enquiry could not be
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conducted. Such rejection is un-known to law. The guidelines issued by the Government in G.O.Ms.No.478 dated 29.09.2022 provides that application must be accompanied by any one of the following documents for proof of residence:
i)Aadhar Card; ii)Voter ID Card; iii)Passport or Bank Pass Book/ Postal Savings Book; iv)Driving License ; v)Pension Payment Order ;
vi)Any other similar documents.
4. In so far as the proof of relationship is concerned, any one of
the following documents are required to be submitted:
1.Marriage Registeration Certificate; or
2.Passport; or 3.Voter ID; or
4.Aadhaar Card; or
5.Community Certificate; or
6.Driving license; or
7.Birth Certificate of all children; or T.C. Of all children;
8.Any other similar document.
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5. In the case on hand, the petitioner has submitted the Voter ID
Cards. Existence of dispute between the heirs does not really affect their status. The petitioner also produced a registered Will executed by his mother which also shows that he has four sisters.
6. In view of the above, I find that the rejection is un-just.
Therefore, the order of rejection is set aside. The Tahsildar will conduct proper enquiry and issue legal heirship certificate within a period of six weeks from the date of receipt of a copy of the order.
7. Accordingly, this writ petition is disposed of. No costs.
05.12.2022
dsa Index : No Internet : Yes Speaking order
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To
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R.SUBRAMANIAN, J.
dsa
W.P.No.21499 of 2022
05.12.2022
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2 issues framed by the court
Whether rejection of legal heir certificate application due to alleged dispute between heirs is legally sustainable.
Whether statutory guidelines mandate additional documents beyond those provided to establish identity and relationship.
M.D.Jayakumar
The District Revenue Officer
The Tahsildar
G.Thilagavathy
D.Malathi
B.Chitra
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
