JUDGMENT :

Pushpa Sathyanarayana, J.

1. This Writ Petition has been filed challenging the Order of the Respondent in Na.Ka. No. 2964/2016/A3, dated 10.8.2016, and consequently, seeking for a direction to the Respondent to issue Legal Heir Certificate to the Petitioner in the light of Order of this Court, dated 25.9.2014 made in W.P.(MD) No. 16233 of 2014.

2. The case of the Petitioner is that one Ms. A. Reginamary, who was working as Special Grade Maternity Assistant in the Government Hospital, Porayar. The Petitioner claims that he was adopted as per Christian rituals and customs, when he was five years old. The said Reginamary has nominated the Petitioner's name for the purpose of getting all her F.S.F., SPFGS, G.P.F., D.C.R.G. and Family Pension. Thereafter, she had also nominated the Petitioner for, the Pensionary Family Security Fund Scheme on 19.6.1997. Admittedly, the name of the Petitioner has appeared in all the Government records. The said Reginamary, died on 27.6.2016. Hence, the Petitioner applied for Legal Heirship Certificate, which was rejected by the Respondent, namely, the Tahsildar, Tharangampadi Taluk on the ground that there is no direct Legal Heir for the deceased and that the Petitioner is only an adopted son and thus, the Petitioner was directed to approach the Civil Court to prove his adoption and get the Legal Heirship Certificate.

3. The grievance of the Petitioner is that though he has been nominated by the deceased to receive all the benefits after her death, he was directed to obtain Legal Heirship Certificate, which is not necessary. The nomination itself made mandatory only for the purpose of discharging the liability of the authorities to give away the funds available to the Nominee, who receives the same in trust on behalf of the other Legal Heirs, who would be entitled to receive the same as per the Law of Succession governing the parties. Therefore, it is repeatedly held that the nominee is only a custodian to receive the amounts and it has to be disbursed by him or her to the Legal Heirs. The Authorities, when they have taken a Nominee as per the wish and will of the Employee, are duty bound to disburse the amount to the Nominee without insisting on the Legal Heirship Certificate.

4. The challenge in the Writ Petition is to the Order passed by the Tahsildar, Tharangampadi, dated 10.8.2016. As the Petitioner claims to be the adopted son of the deceased, the Tahsildar has directed the Petitioner to approach the Civil Court to prove the adoption and get himself declared as the Legal Hair. However, as the nomination is valid, there is no impediment for the authorities to disburse the amount.

5. In the light of the above, there is no infirmity in the Order passed by the Tahsildar, Tharangampadi and this Writ Petition is liable to be dismissed.

6. However, before parting with this Writ Petition, it is necessary to state that the learned Special Government Pleader, in a similar matter, placed reliance on the Circular No. 9/2019/Rc.No.RS.5(3)/180/2019 issued by the Additional Chief Secretary/Commissioner of Revenue Administration (in short, "the CRA"), on 24.9.2019. The subject of the Circular is issuance of revised instructions for the issuance of Legal Heirship Certificate. The CRA in the said Circular referred to following Government Orders, Government Letter and also Circular:

(1) G.O.(Ms) No. 2906, Revenue Department, dated 4.11.1981;

(2) G.O.(Ms) No. 581, Revenue Department, dated 3.4.1987;

(3) Government Letter No. 1534, Revenue Department, dated 28.11.1991; and

(4) Circular Instructions No. 11/2017, RA 5(3)/180/2017, dated 9.8.2017.

7. 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 acc