JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified Mandamus calling for the records pertaining to the impugned communication of the 2nd respondent in Na.Ka.A1-3838-2019 dated 29.08.2019 and quash the same and consequently direct the 2nd respondent to issue a legal heir certificate of the deceased Arumugam.)

1. Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has approached the respondents for issuance of legal heir certificate, which was refused by the second respondent, Tahsildar on the ground that the petitioner is not a Class – I legal heir. Challenging the same, the petitioner is before this Court.

3. This Court in WP(MD)No.15901 of 2018 [N.R.Raja and others Vs. The Tahsildar, Madurai South], by its order dated 03.08.2018, directed the respondent therein to grant legal heir certificate to Class – II legal heirs also. In the said decision, the issue with respect to issuance of legal heir certificate to Class – II legal heir has been elaborately dealt with. The relevant portion is extracted hereunder:

“2.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 heirship 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 heirship 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 heirship Certificate. Subsequently, by Letter (Rt) No.1534, dated 28.11.1991 issued by the Revenue Department, certain conditions were imposed for issuance of Legal heirship Certificate, wherein one of the conditions was that the Tahsildar should refrain from issuing the Legal heirship Certificate to Class-II legal heirs with a further direction to advise the applicant to approach the Civil Court seeking for remedy. Certain other guidelines were also appended to the said letter dated 28.11.1991.

3. It is submitted that in view of the Letter (Rt) No. 1534, dated 28.11.1991, the authorities had been refusing to issue Legal heirs Certificate for Class-II legal heirs and advising them to approach the Civil Court. The impugned order is one such order relying upon Letter (Rt) No.1534, dated 28.11.1991.

4. Subsequently, this Court, in various orders passed in writ petitions, have been deprecating the practice of the Tahsildars in refusing to issue the certificate for class-II legal heirs. The orders passed in some writ petitions are extracted hereunder:-

(i). In M.Arumugam & Others vs. The Tahsildar, Madurai South, Madurai and another, it has been held as follows:-

9. The petitioners are claiming themselves to be class II heirs. The Tahsildar pleads his inability to consider the case, as according to him, it would be very difficult to collect the details of the class II heirs. I am not inclined to accept the said submission.

10. The Revenue Department is having lower level officers, who are familiar with the people living in the concerned Village. There are revenue officers under the Tahsildar. There are also village officers functioning in the villages and they would be in a position to know the members of the family. The village Administrative Officer is expected to know each and every family of the village. H