The central legal point established in the judgment is the need for clarity and consistency in the classification of legal heirs for the issuance of legal heirship certificates.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 26.08.2022 in Oo.Mo.No.4659/2022/E2, issued by the third respondent to conduct proper enquiry and issue class-II legal heirship certificate of the Petitioners deceased sister in law namely, Ammaniyammal declaring the Petitioner namely, V.M.Vellaichamy and his sisters namely Ponnuthai and Packiyam as Class-II legal heirs of the deceased Ammaniyammal, wife of Muthusamy.

The Petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 26.08.2022 in Oo.Mo.No.4659/2022/E2, issued by the third respondent to conduct proper enquiry and issue class-II legal heirship certificate of the Petitioner-s deceased sister in law namely, Ammaniyammal declaring the Petitioner namely, V.M.Vellaichamy and his sisters namely Ponnuthai and Packiyam as Class-II legal heirs of the deceased Ammaniyammal, wife of Muthusamy.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The case of the Petitioner is that the Petitioner is residing at the petition mentioned address and an agriculturist by profession. The Petitioner himself, his brother Muthusamy @ Thangavel, his sisters Ponnuthai and Pacikyam are the legal heirs of his father. The Petitioner-s mother predeceased his father. The Petitioner-s brother Muthusamy @ Thangavel also died on 3.11.2003.After his demise the surviving legal heir of his brother is his sister in law namely Ammaniyammal. The Petitioner-s brother and Ammaniyammal has no children and Ammaniyammal also died on 4.3.2020 intestate. The said Ammaniyammal owned a house porperty in their village and has bank accounts in various banks and she has not made any settlement of the property. As there is no surviving Class-I legal heir for the deceased sister in law Ammaniyammal, the Petitioner, his sisters namely Ponnuthai and Packiyam applied for Class II legal heirship Certificate to the third respondent, who in turn had forwarded the same to the fourth respondent. The fourth respondent submitted a report to the third respondent and passed the impugned order on 26.8.2022, stating that as there is no surviving Class I legal heir, the Petitioner is directed to approach the appropriate Court for necessary relief and hence, the Petitioner has come forward with the present Writ Petition.

4. As per the orders of the Full Bench of this Court in W.P.Nos.25247 of 2021 and batch of cases (P.Venkatachalam and others vs. The Tahsildar, Kumarapalayam Taluk and others), dated 17.6.2022,in Page No.112, Paragraph 65(f) and (6) it has been held as follows:

F. The classification of persons as Class-I and Class-II heirs in Circular No.9 of 2019, dated 24.09.2019 and their application to the heirs of a deceased female Hindu or non hindu would lead to chaos. We find the entire edifice of the classification in the Circular is founded on a fallacy that the concept of Class-I and Class-II legal heirs which are applicable to the heirs of the deceased Hindu male under Section 8 of the Hindu Succession Act could be extended across the Board to all religions.

6. Consequently, the Government of Tamil Nadu is directed to issue fresh Government Order in lieu of Circular No.9 of 2019 without the anomalies pointed out, supra, in particular, the usage of expressions-- Class-I and Class-II-- legal heirs under the Hindu Succession Act, 1956. The Government will also consider incorporating a father, blood brother/sister as eligible applicants for unmarried deceased, as also the administrative remedies of appeal and revision found in paragraphs 9 and 10 of the existing Circular No.9 of 2019.This exercise shall be completed within a period of six weeks from today.—

5. The Government has issued Government Order in G.O.(Ms)No.478, Revenue