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2018 Supreme(Mad) 2264

M.S.RAMESH
Sundara Moorthy – Appellant
Versus
District Collector, Dindigul – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Maharajan.
For the Respondent: Mr. J. Gunaseelanmuthiah.

ORDER :

1. The impugned order passed by the second respondent as to whether the respondents are justified in taking into consideration issuance of legal heir certificate for Class-II heir came up for consideration by this court and this Court had an earlier occasion to deal with an identical issue in W.P. (MD) No. 11721 of 2018, on 31.07.2018 and the relevant portion reads as follows:-

"2. Before analyzing the validity of the impugned order, it would appropriate to trace the powers of the second respondent in refusing to issue a Legal heir-ship Certificate to the Class-II legal heirs. There is no provision under the Registration of Birth and Deaths Act, 1969, or any other Act or Rules, empowering the Revenue Authorities to issue a Legal heir-ship Certificate. In the year 1981, a one man committee in District Revenue Administration suggested delegation of powers to the Tahsildar/Deputy Tahsildar for issuance of a Legal heir-ship Certificate and while accepting the recommendation, the Revenue Department in G.O. (Ms) No. 2906, dated 04.11.1981, had empowered the jurisdictional Tahsildar/Deputy Tahsildar to issue Legal heir-ship certificate. Subsequently, by Letter (Rt.) No. 1534, dated

















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