ORDER :

The relief sought in the present writ petitions is to quash the respective proceedings issued by the respondent in Na.Ka.No.A2/1496/19 dated 04.11.2019 and Na.Ka.No.EII/404/2021 dated 20.07.2021 and consequently, direct the respondent to issue legal heirship certificate of the petitioner's deceased sister Vasumathi and deceased brother Rajagopal.

2. According to the petitioner, his parents had 5 children viz., (i) Rajagopal (ii) Ranganathan (petitioner) (iii) Mrs.Sulochana (iv) Raghunathan and (v) Vasumathi, out of which, the said Rajagopal and Vasumathi were unmarried. The petitioner's sister Vasumathi died intestate on 14.06.2019 and their parents pre-deceased her. While so, the petitioner's brother Rajagopal made an application dated 07.08.2019 to the respondent, requesting to issue the legal heirship certificate of his deceased sister Vasumathi. However, vide proceedings in Na.Ka.No.A2/1496/19 dated 04.11.2019, which is impugned in WP.No.17980 of 2021, the respondent rejected the said application, on the ground that the applicant is not a direct legal heir of the deceased; and as per the Circular No.9/2019, R.C.No.RA5(3)/180/2017, dated 24.09.2019, issued by the Additional Chief Secretary/Commissioner of Revenue Administration, the Tahsildar has no authority to issue legal heirship certificate to the Class II legal heirs of the deceased; and therefore, the applicant was directed to approach the competent civil court. Subsequently, the petitioner's brother Rajagopal also died on 12.03.2020. Thereafter, the petitioner submitted an application dated 18.03.2021 to the respondent, requesting to issue the legal heirship certificate of his deceased brother Rajagopal. But the respondent, by the proceedings in Na.Ka.No.EII/404/2021 dated 20.07.2021, which is impugned in WP.No.17977 of 2021, rejected the petitioner's application citing the very same reasons as stated in the earlier proceedings dated 04.11.2019. Feeling aggrieved, the petitioner has come up with these writ petitions to quash those two proceedings issued by the respondent and for consequential direction.

3. The learned counsel for the petitioner submitted that in similar circumstances, this Court had passed an order in WP (MD) No. 15901 of 2018 [N.R.Raja and Ors. Vs. the Tahsildar, Madurai South] dated 03.08.2018, wherein, it directed the respondent therein to issue Legal Heir Certificate to the Class II legal heirs also. The relevant portion of the said order is usefully extracted below:

"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 refu