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G. R. SWAMINATHAN
R. Janaki – Appellant
Versus
Tahsildar – Respondent
ORDER :
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in O.Mu.A4/2694/2023 dated 27.06.2023 passed by the first respondent and quash the same and consequently direct the first respondent to issue legal heir certificate for Mr.S.Ramachandran.
The petitioner's father has not been heard of for more than forty years. The petitioner was two years old when he went missing. She now seeks legal heir certificate for her father. The jurisdictional Tahsildar has taken the stand that the petitioner has to go before the civil court for relief. Challenging the said stand, the present writ petition has been filed.
2. I must straightaway observe that the course of action indicated by the first respondent is not feasible of compliance. It has been held that a bare suit for declaration that a person has not been heard for a certain number of years and that therefore, decree should be granted that he is presumed to have died is not maintainable. The consistent view of the courts has been that such a relief will not fall within the scope of Section 34 of the Specific Relief Act
A legal heir certificate can be issued without a death certificate if a person has not been heard from for over seven years, invoking the presumption of death under Section 108 of the Indian Evidence....
Legal heir certificates cannot be issued by administrative authorities based solely on presumption; a judicial declaration of death is required under the law.
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