R.Kuppan Vs the Tahsildar

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records on file of the first respondent in online application No.TN-7202402231334 on 23.02.2024 with the acknowledgment and the same was rejected by the first respondent on 07.03.2024 based on the report of the second respondent and quash the same and consequently direct the first respondent to issue Legal Heir certificate of the petitioner's father late.Raghavan, who died on 29.01.1964, based on Death certificate issued by the Corporation of Chennai

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https://www.mhc.tn.gov.in/judis

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W.P.No.17053 of 2024

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on 22.02.1964.

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For Petitioner :: Mrs.Thilagavathi G.S For Respondents :: Mr.R.Neelakandan Additional Advocate General assisted by Mr.G.Velu Additional Government Pleader

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ORDER

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This writ petition has been filed challenging the impugned online rejection order of the first respondent dated 07.03.2024 and for a consequential direction to the first respondent to issue the legal heirship certificate pursuant to the demise of the petitioner's father Raghavan.

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Heard both sides.

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It is the case of the petitioner that his father Raghavan died on 29.01.1964 leaving behind three sons, his wife and his parents. Out of three sons, one son died and the wife and the parents of the said Raghavan also died. Hence, only the petitioner and another brother Rajagopal are the surviving legal heirs of the deceased Raghavan. When the application was

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https://www.mhc.tn.gov.in/judis

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W.P.No.17053 of 2024

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submitted by the petitioner, it has been rejected on the ground that the first respondent is not able to ascertain the actual legal heirs of the deceased Raghavan, since the death had taken place sixty years back.

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Counter affidavit has been filed by the first respondent and the relevant portions are extracted hereunder:-

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“6. With regard to the grounds (a) to (f), it is respecfully submitted that the Revenue Tahsildars are issuing legal heir certificates purely on the outcome of the local enquiry. Though there is no time limit for applying for legal heir certificate, in this case, the petitioner himself is aged 74 years. His father died on 29.01.1964 (i.e. about 60 years back) that too in a different locality. Hence, the Revenue Inspector who conducted enquiry in this regard could not determine the actual legal heirs left behind by the deceased Raghavan who died on 29.01.1964. Moreover, the said legal heir certificate is required for the purpose of claiming the property in a different jurisdiction. Hence,

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https://www.mhc.tn.gov.in/judis

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W.P.No.17053 of 2024

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this respondents are to be doubly cautious. In the said circumstances, the rejection is in order.”

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In the considered view of this Court, there is a substantial delay on

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the part of the petitioner in approaching the first respondent seeking legal heirship certificate. The deceased died in the year 1964 and after nearly sixty years, the application has been filed. The first respondent is not able to exactly ascertain the legal heirs who were left behind by the said Raghavan, who died in the year 1964.

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Insofar as the legal heirship certificate is concerned, it is more in the nature of relationship certificate. Therefore, this document, by itself, does not create any legal right and it cannot be used before the Court for the purpose of tracing any right and it has to be independently established before the Court.

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In view of the above, it will be left open to the first respondent to

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get the self declaration affidavits from the petitioner and his brother and

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https://www.mhc.tn.gov.in/judis

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W.P.No.17053 of 2024

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proceed to act upon the same and issue the legal heirship certificate.

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In the result, this writ petition is disposed of with a direction to the petitioner to submit a fresh online application to the first respondent along with all the particulars. On receipt of the same, the first respondent shall act upon the application and conduct the enquiry based on the self declaration affidavits and issue the legal heirship certificate, within a period of four weeks from the date of receipt of the fresh online application from the petitioner. Consequently, W.M.P.No.18798 of 2024 is closed. No costs.

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Index : yes/no 20.08.2025 Neutral citation : yes/no

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ss

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To

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