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2018 Supreme(Mad) 2550

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


Advocates Appeared:
For the Petitioner: Mr. S. Selvakumar
For the Respondents:Mr. V. Anand Government Advocate

ORDER :

The petitioner's grand son died on 06.04.2018. The petitioner herein is the surviving Class-II legal heir of Muthuselvam. In this connection, he had made an application to the second respondent herein, on 01.11.2017, seeking for Legal heir ship Certificate and by an order dated 19.12.2017 in O.Mu.A1/6131/2017, the second respondent rejected the petitioner's application, on the ground that he was not the direct heir of the deceased and hence, directed him to approach the Civil Court seeking for necessary relief. Challenging the said order dated 19.12.2017, 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 heirship 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 rec
















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