1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.10240 of 2011 V.Kunjaram ... Petitioner Vs The Tahsildar, Madurai North, Madurai. .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.A2/19773/2011 dated 01.07.2011 on the file of the respondent-Tahsildar of Madurai North Taluk and quash the same and directing the respondent to issue the legal heir certificate to the petitioner's deceased husband as per Government norms and rules. For Petitioner : Mr.V.Nagendran For Respondents: Mr.M.Govindan Special Government Pleader. ***** O R D E R This writ petition has been filed by the petitioner praying to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.A2/19773/2011 dated 01.07.2011 on the file of the respondent-Tahsildar of Madurai North Taluk and quash the same and directing the respondent to issue the legal heir certificate to the petitioner's deceased husband as per Government norms and rules. 2. Heard Mr.V.Nagendran, learned Counsel appearing for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The issuance of legal heir certificate which has been denied in this case is contrary to the letter of the Special Commissioner and Commissioner and Secretary to Government, Revenue Department in letter No.1534 dated 28.11.1991. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The petitioner in this case is a widow and claims legal heir certificate on the death of her husband and that was denied on the ground that the claim is made five years after the death of her husband and the authority cannot make proper enquiry. This stand taken by the Tahsildar appears to be totally misconceived, as the order does not contain any provision of law which prohibits the authority from considering the claim for issuing legal heir certificate after lapse of five years of time. However, the letter/Circular referred to above does not impose any time limit. Hence, the impugned order is set aside and the Tahsildar is directed to make a proper enquiry for issuance of legal heir certificate to the petitioner on its own merits and in accordance with law expeditiously. 6. The writ petition is allowed as above. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To The Tahsildar, Madurai North,Madurai. +One cc to The Spl Govt. Pleader, SR.No.31029 ssl rl/3 c- 26.9.2011 W.P(MD)No.10240 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/