An application for a Legal Heir Certificate cannot be summarily rejected due to multiple claimants; instead, the authority must conduct a proper enquiry, issue notices to all potential heirs, and determine eligibility following the principles of natural justice.

ORDER

The present writ petition is filed challenging the impugned order passed by the 2^nd respondent rejecting the petitioner’s application for issuance of Legal Heir Certificate in respect of his deceased father, Late Arunachalam.

2. It is stated that the petitioner is the son of the deceased Arunachalam, who died on 10.05.2024. The petitioner initially submitted an online application on 10.06.2024 seeking issuance of Legal Heir Certificate along with relevant documents. The same was rejected by the 2^nd respondent on the ground that the deceased had two wives. Thereafter, the petitioner submitted a fresh application on 22.08.2025 along with a self-declaration affidavit and supporting documents. However, the said application was once again rejected on the very same ground, without conducting any enquiry.

3. According to the petitioner, the first wife of the deceased Arunachalam had predeceased him and the petitioner has no knowledge of any other legal heirs through the first wife.

4. Learned counsel for the petitioner submitted that without conducting any enquiry, the 2^nd respondent has rejected the application solely on the ground that the deceased had two wives and the reasons assigned in the impugned order dated 22.09.2025 is wholly untenable. He also submitted that the petitioner has no objection for issuance of Legal Heir Certificate in favour of the first wife, if alive, and her legal heirs, and even to exclude the petitioner’s mother if she is found ineligible. It is the strong argument of the learned counsel for the petitioner that outright rejection of the application without enquiry is arbitrary and illegal.

5. Learned counsel further contended that the respondent ought to have conducted a proper enquiry by issuing notice to all concerned persons and verifying the records through the competent authorities. The failure to do so renders the impugned order violative of principles of natural justice. He vehemently argued that due to non- application of mind, the reason assigned earlier has been reiterated in the impugned order also and therefore, he prayed for quashment of the said order dated 22.09.2025 passed by the 2^nd respondent in the light of the established procedures contemplated under law.

6. In response, learned Government Advocate appearing for respondents submitted that the application was rejected on the ground that the deceased had two wives, leads to conflicting claims. However, on instructions, he fairly submitted that the matter may be remitted to the 2^nd respondent for fresh consideration in the light of G.O.Ms.No.110 dated 13.03.2024, by conducting an enquiry and after affording opportunity to all concerned parties.

Accordingly, this Court may issue suitable directions.

7. This Court has carefully considered the submissions made by learned counsel on either side and perused the materials available on record.

8. It is not in dispute that the petitioner’s application has been rejected solely on the ground that the deceased had two wives. However, such rejection has been made without conducting any enquiry and without issuing notice to the alleged legal heirs. This Court perused G.O. Ms. No.110, dated 13.03.2024 and for better appreciation, the same is extracted hereunder :- G.O.Ms.No.110, Revenue Department, dated 13.03.2024:

“1(a): For the purpose of issuance of Legal Heir Certificate, the following persons shall be considered as eligible legal heirs of the deceased:

(i) Spouse of the deceased;

(ii) Children of the deceased (including adopted children);

(iii) Parents of the deceased (including adopted parents).

The Tahsildar shall conduct due enquiry, issue noti