IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4387 of 2024 Mrs.R.Malliga ... Petitioner Vs.

The Tahsildar, Gudiyatham, Vellore District, Tamil Nadu. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certioari, calling for the records of the respondent in his proceedings dated 16^th August, 2023 under application reference No.TN-720230725304 rejecting the application of the petitioner for issuing legal heriship certificate and quash the same and consequently direct the respondent to issue legal heriship certificate to the petitioner as the legal heir of late G.Radhakrishnan.

For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.U.Baranidharan Additional Government Pleader

ORDER

The order of rejection rejecting the application submitted by the petitioner seeking legal heriship certificate is under challenge in the present writ petition.

2. The petitioner states that she is the legally wedded wife of late G.Radhakrishnan. The petitioner has no issues, thus submitted an application seeking legal heriship certificate. The authorities conducted an enquiry. The Village Administrative Officer and the Revenue Inspector submitted a report stating that the deceased G.Radhakrishnan had two wives. The first wife is the writ petitioner viz., R.Malliga and the second wife is one Smt.Uma. However, the petitioner has not provided any information about the second wife of her late husband G.Radhakrishnan. Thus, the authority were not in a position to issue a legal heriship certificate.

3. It is to be made clear that the Revenue Authorities have no jurisdiction to adjudicate the disputed issues between the relationship and to determine the civil rights. Such a power has not been conferred on the Revenue Authorities. The issue of legal heriship certificate is only based on the information provided by the applicant and by verifying the details regarding the documents produced by the applicant. The Revenue Authorities cannot decide the disputed facts between the parties. In the event of any doubt regarding the relationship or suppression of certain facts or misrepresentation, the parties are to be relegated to approach the competent civil court of law.

4. The legal heriship certificate has got civil consequences. The person in whose name, the legal heriship certificate issued are claiming civil rights and therefore, the Revenue Authorities are expected to be cautious while issuing such legal heriship certificate and it is to be issued by conducting proper enquiry.

5. In the present case, the Revenue Authorities have rightly conducted a field inspection through the Village Administrative Officer and the Revenue Inspector and the report of the field inspection authorities reveal that the deceased husband of the petitioner had two wives and that being the factum, the application submitted by the petitioner was rejected.

6. Thus, the petitioner has to approach the competent civil court of law for establishing her right. If the second wife of the deceased G.Radhakrishnan is willing to attend the enquiry along with the first wife before the Revenue Authorities, then the Revenue Authorities may conduct an enquiry and accordingly, take an appropriate decision in accordance with Government orders issued for issuance of legal heriship certificate.

7. In this regard, the petitioner is at liberty to submit a fresh representation along with the second wife of the deceased G.Radhakrishnan.

8. Accordingly, this writ petition stands disposed of. No costs.

22.04.2024 Index : Yes Speaking order Neutral Citation : Yes/No mp To The Tahsildar, Gudiyatham, Vellore District,Tamil Nadu.

S.M.SUBRAMANIAM, J.

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22.04.2024