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2022 Supreme(Mad) 1170

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, R. HEMALATHA, A.A. NAKKIRAN, JJ.
P. Venkatachalam & Others - Appellant
Versus
The Tahsildar Kumarapalayam Taluk Namakkal District & Others - Respondent
W.P.Nos. 25247 of 2021, 16946 of 2020, 12962, 15138, 16922, 18901, 22259, 25418, 26883, 27062, 27231, 27239, 27445, 27664, 28247 & 28350 of 2021, 679, 797, 860, 1098 &1254 of 2022 & W.P.Nos.35697 of 2019, 1910, 2655, 2913, 3186, 3230, 3275, 3498, 4117, 4335, 4443, 4878, 5192, 5608, 5695, 5747, 6642, 6727, 7005, 7090, 7521, 8259, 8262 & 8438 of 2022 and connected W.M.Ps.
Decided On : 17-06-2022

Advocates appeared:
For the Petitioner:S. Viswanathan, C.D. Johnson, D. Jawahar, K. Balasubramaniam, SamJayaraj Houston, AgnesRoselind Joseph, T.V.G. Kartheeban, P. Krishnan, M. Vijayaragavan, P. Muthamizhselvakumar, S. Udhaya Kumar, K.G. Vasudevan, K. Shyam Sunder, T.S. Baskaran, P. MuthmizhSelvakumar, A.S. Baalaji, V.R. Thangavelu, D. Shivakumaran, E. Sathiyaraj, T. Sundaravadanam, Sharath P. Nair, Parigopal, K. Govi Ganesan, D. Rajagopal, P.V. Balasubramaniam, E. Udayachander, J. Manikandan, A. Dev Narendran, T.K.S. Bharathy Shri, M. Bakrutheen, M. Loganathan, R. Rajesh Kumar, S. Kamadevan, K.S. Jeyaganeshan, T. Muruganantham, N. Parameswari, P. Rajendra Kumar, N. Vijayaraj, V.S. Jagadeesan, P. Saravanan, N.A. Nissar Ahmed, N. Ponraj, R. Krishnaswamy, P. Gunaraj, Advocates. For the Respondents:R. Neelakandan, Additional Advocate General VIII assisted by V. Ravi, Special Government Pleader, GeethaThamaraiselvan, Special Government Pleader. For the Amicus Curiae:Sharath Chandran, Advocate.

Headnote:(A) Hindu Succession Act, 1956 - Sections 8, 9, 15 - Legal heirship certificates - Issue of certificates to Class-II heirs denied based on Circular No.9 of 2019, prohibiting such issuance - Authority of Tahsildar to issue certificates questioned and clarified, affirming that administrative instructions do not override statutory rights - Legal heirship does not alter the status conferred by personal law - Mandamus not applicable for arbitrary denial by Tahsildar, but can be enforced if procedural flaws are evident (Paras 1-66).

Facts of the case:
The matter involves multiple writ petitions challenging the Tahsildars' denial to issue legal heirship certificates to Class-II heirs. The broader inquiry pertains to the legality and process surrounding such issuances as per established administrative circulars.

Findings of Court:
The court acknowledges the necessity of classifying heirs per personal law but disapproves the arbitrary exclusions and procedural inadequacies inherent in the current directives, mandating a review and revision of the administrative guidelines (Circular No.9 of 2019).

Issues: The main questions involved whether the Tahsildar could issue certificates to Class-II heirs, the legal binding force of administrative circulars, and the potential conflicts with established statutory provisions governing inheritance.

Ratio Decidendi: The court found that while the Tahsildar has the power to issue certificates, he is bound by administrative circulars; however, those circulars cannot infringe on statutory rights. Hence, the issuance of certificates to Class-II heirs cannot solely depend on Circular No.9 of 2019 which was found legally deficient (Paras 1-66).

Result: The existing prohibitive circulars concerning Class-II legal heirship certificates are overruled. The Government is directed to amend its orders to ensure compliance with legal standards and rectify anomalies (Paras 1-66).

JUDGMENT

(Prayer in W.P.No.25247 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the records in the impugned order dated 21.04.2021 passed in Ref.No.Oo.Mu.0702/2021 A4 on the file of the respondent and quash the same and consequently, direct the respondent to issue legalheirship certificate to the petitioner, based on the petitioner’s representation dated 27.01.2021, within a stipulated time.

W.P.No.16946 of 2020: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the records and quash the proceedings of the respondent in MU.MU.No.4637/2020/A6 dated 15.10.2020 and consequently, direct the respondent to issue a legal heirship certificate.

W.P.No.12962 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the records of the impugned order made by the respondent in Letter bearing No.D1/686/2021 dated 07.05.2021 and to quash the same as illegal and arbitrary and consequently, direct the respondent to issue a legal heirship certificate to the petitioner as per the Hindu SUCCESSION ACT , 1956, within a stipulated time.

W.P.No.15138 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the entire records of the 2nd respondent in connection with the impugned order of rejection in Na.Ka.No.A3/946/2021 dated 30.06.2021 and quash the same as arbitrary and unreasonable and consequently, direct the 1st respondent to issue legal heirship certificate of the petitioner’s brother late V.Viswanathan, based on the petitioner’s application dated 17.06.2021, within a stipulated time.

W.P.No.16922 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the records of the 2nd respondent, Tahsildar in his proceedings in letter no.A2/383/2021 dated 11.06.2021 rejecting the application of the petitioner for issuing legal heirship certificate and quash the same and consequently, direct the 2nd respondent to issue legal heirship certificate to the petitioner and respondents 4 to 6 herein.

W.P.No.18901 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus quashing the order dated 20.07.2021 passed by the 1st respondent based on the report of an officer dated 15.06.2021 and consequently, directing the 1st and 2nd respondents to issue a legal heirship certificate in favour of (1) Rita Abraham (2) Ranjith C Joseph (3) Ajith Thomas Joseph and (4) Shanthi Annette Joseph Samuel, as the legal heirs of the deceased Dr.Merlin Ceclia Joseph.

W.P.No.22259 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus calling for the records on the file of the respondent in his proceedings transaction reference No.TNCIT00000746399 dated 6th August 2019 and quash the same and consequently, direct the respondent to issue legal heirship certificate in favour of the petitioner, as the legal heir of the deceased Natarajan.

W.P.No.25418 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the impugned order passed by the 1st respondent in Procs.No.B3/2372/2020 dated 25.10.2021 and quash the same, consequently, direct the 1st respondent to issue the Class-II legal heirship certificate for the death of the petitioner’s brother viz., M.Anthony in the names of the petitioner and 2nd respondent.

W.P.No.26883 of 2021: Petition filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the respondent in memorandum No.O.Mu.1106/2021/A4 dated 05.03.2021 and quash the same and consequently, direct the respondent to issue II class legal heirship certificate based on the petitioner’s representa






































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