2024:MHC:537 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 27.09.2023 Pronounced on : 22.12.2023 CORAM: JUSTICE N.SESHASAYEE W.P. No.26776 of 2023 Kalyani ... Petitioner Vs.

1.The District Collector Chennai.

2.The Tahsildar Pallavaram Taluk Office Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus calling for the records and quash the order dated 28.02.2020, passed by the Tahsildar, Pallavaram Taluk Office in Proceedings No.O.M.97/2020/A5, and consequently direct the second respondent to issue legal heir certificate / relationship certificate of late TT.Thanka, identifying the petitioner and her sister Santha as her legal heirs.

For Petitioner : Mr.Sakthi Narayanan For Respondents : Mr.M.Bindran Additional Government Pleader

ORDER

1.1 The issue here relates to issuance of legal heir certificate issued on 28.02.2010, which was prior to the issuance of G.O.Ms No.478. The case of the petitioner is that she had three sisters namely Ammini, Thanka and Kalyani. Of whom, both Ammini and Thanka have remained spinsters, and they died on 13.04.2017 and 16.11.2005 respectively. According to the petitioner, Thanka had left behind certain assets and savings in the bank account, and that except herself and her another sister Santha, there are no surviving heirs to succeed to the estate of Thanka. Hence, she made a representation to the Tahsildar, Pallavaram Taluk to issue a Class-II legal heir certificate, but the same came to be rejected vide his order dated 28.02.2020, declaring that she is not the direct heir of Thanka and directed her to approach the civil court for her remedy.

1.2 Hence, the petitioner has filed writ of certiorarified mandamus to quash the proceedings of the Tahsildar dated 28.02.2020, and to direct the respondent to issue a legal heir certificate, declaring herself and her sister Santha as Class-II legal heirs of deceased Thanka.

3. Heard both sides. The intent behind seeking a legalheir certificate is obvious, that the deceased Thanka, the sister of the petitioner has left behind certain bank deposits and other assets, whose details are not adequately known. So far as the bank deposits are concerned, the only legal opinion the petitioner has, is to apply for succession certificate if Thanka has not named anybody as her nominee. So far as other assets are concerned, even if the petitioner as Class-II heir, is entitled to succeed to the same in terms of the Personal Laws, yet it is not a matter which the Tahsildar is authorised to deal with, and the petitioner has to establish her right to succeed to the estate of her deceased sister Thanka only before the competent Civil Court.

4. Turning to the issuance of legalheir certificate is concerned, today it is governed by G.O.(Ms) No.478, Revenue & Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022, and where the Government has fixed the pegs for the Tahsildar to operate. And, the Tahsildar is bound by that, and cannot travel beyond this G.O., and any applicant for issuance of a legalheir certificate can also trace their right to get one, only under this G.O. When this G.O., does not provide for issuance of a legalheir certificate to Class-II heirs, then neither the petitioner has a right, nor the Tahsildar has duty to issue one.

5. In conclusion, this Court does not find that the decision of the Tahsildar, the first respondent herein, not to issue a legal heirship certificate cannot be found to be faulty, and accordingly, this petition is dismissed for want of merits. No costs.

22.11.2023 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds To:

1.The District Collector Chennai.

2.The Tahsildar Pallavaram Taluk Office Chennai.

N.SESHASAYEE.J., ds Pre-delivery order in W.P.No.26776 of 2023

22.12.2023