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2023 Supreme(Online)(MAD) 7005

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
Stella .P – Appellant
Versus
The District Collector – Respondent


ORDER

Heard the learned counsel on either side.

2.The petitioner claims to be sister of one Jebakumar who died on

11.04.2022. According to the petitioner, her sister Vigilapauline and herself are the surviving legal heirs. They come under Class-II legal heirs. When they submitted an application for legal heir certificate, the third respondent declined to entertain the same. The petitioner was called upon to move the jurisdictional civil court. Challenging the stand of the revenue authority, this writ petition has been filed.

3.As rightly pointed out by the learned counsel for the petitioner, the issue is no longer res integra. The Hon'ble Full Bench of this Court in the decision reported in 2022 (4) CTC 1 (P. Venkatachalam and Ors.

vs. The Tahsildar, Kumarapalayam Taluk and Ors) held as follows :

“65.To sum up, our answers to the questions formulated in paragraph 10, (supra), are as under:

A. Legal heirship is a status governed by the respective personal law of parties through various statutes. The certificates issued by the Tahsildar amount to nothing more than a relationship certificate reflecting the opinion of the Tahsildar as to the relationship of the applicant and others named the

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