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2018 Supreme(Mad) 2506

M.S.RAMESH
Vellaichamy – Appellant
Versus
District Collector, Tirunelveli – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Sukumar.
For the Respondent: Mr. N. Shanmuga Selvam.

ORDER :

1. The petitioner's maternal uncle, namely, Periyamadasamykonar, died on 09.11.2008. The said Periyamadasamykonar's wife had pre-deceased him and he had no children. The petitioner herein is surviving Class-II legal heir of Periyamadasamykonar. In this connection, he had made an application to the second respondent herein, on 12.08.2016, seeking for Legal heir-ship Certificate and by an order dated 25.08.2016 in Mu.Mu.Aal/ 4856/2016, the second respondent rejected the petitioner's application, on the ground that he was not the direct heir of the deceased and therefore, directed him to approach the Civil Court seeking for necessary relief. Challenging the said order dated 25.08.2016, the present writ petition has been filed.

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 suggest
















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