ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Oo. Mu. No. 953/2017/Aa2, dated 20.02.2017 and quash the same as illegal and arbitrary and consequently, to direct the respondent to issue the legal heirship certificate to the petitioner within the time that maybe stipulated by this Court.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na. Ka. No. 5006/2019/Aa2, dated 17.09.2019 and quash the same as illegal and arbitrary and consequently, to direct the respondent to issue the legal heirship certificate to the petitioner within the time that maybe stipulated by this Court.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the rejection order passed on the petitioner's application in Na. Ka. No. Aa4/4003/2021, dated 19.11.2021 on the application seeking issuance of legal heir certificate to his sister Cecily daughter of Late Savarimuthu Pillai and quash the same and to direct the second respondent to issue legal heir certificate to him within the time stipulated by this Court.

1. These Writ Petitions have been filed questioning the order refusing to grant legal heirship certificate on the ground that with respect to class-II heir, the Tahsildar, is not competent to grant legal heirship certificate. In this connection, a reliance is placed on a circular issued by the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai. Since a decision will have to be made with respect to the said circular, it is only appropriate that the said official, namely, the Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Chennai, is suo motu impleaded as respondent in the Writ Petition. The Registry may carry out necessary amendments in the cause title to the Writ Petition before issuing the order copy.

2. In all the above Writ Petitions, challenge is made to the order of the respective Tahsildars refusing to grant legal heirship certificates, when sought by the Writ Petitioners holding that they should approach the Civil Court, since they are Class-II legal heirs.

3. W.P. (MD) No. 21441 of 2021, the petitioner claims legal heirship certificate to his sister-in-law/wife of his deceased brother.

4. W.P. (MD) No. 21462 of 2021, the petitioner seeks legal heirship certificate with respect to his father. But, it was denied since the father had two wives.

5. W.P. (MD) No. 21656 of 2021, the Writ Petitioner seeks legal heirship certificate with respect to his sister, who died a spinster.

6. The issues raised in the Writ Petition have come to the consideration of the Courts earlier and there have been instances where, learned Single Judges have opined that if Class-II legal heirs approach the revenue authorities/Tahsildar for issuing legal heirship certificate and when there are no rival claimants or anybody contesting the status of the applicant, then the Tahsildar after making due enquiry, must grant legal heirship certificate. It had been stated that it is reasonably expected that a Tahsildar or a Village Administrative Officer would know the particular details of the families residing in the village and therefore, an obligation is cast on such officers to examine the particulars stated in the application seeking legal heirship certificate and if it is found to be correct and true, the revenue officials can proceed further to issue legal heirship certificate.

7. It was opined that there was no necessity to refer those parties to the Civil Court, particularly, when there are no rival claimants. Institution of a suit would only be a cumbersome procedure and as a matter of fact, since there are no rival claimants, it would