1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9772 of 2011 K.S.Krishnamurthy ... Petitioner Vs. The Tahsildar, Madurai South Taluk, At the Collector Office Campus, 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 and quash the impugned order passed by the respondent under Na.Ka.No.5315/2011 E3 by its order dated 07.03.2011 and further direct the respondent to consider afresh and in accordance with law, the request of the petitioner dated 02.03.2011, seeking the issue of legal heir certificate to him as a heir of his deceased brother. For Petitioner : Mr.S.Ramesh Alias Ramiah 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 and quash the impugned order passed by the respondent under Na.Ka.No.5315/2011 E3 by its order dated 07.03.2011 and further direct the respondent to consider afresh and in accordance with law, the request of the petitioner dated 02.03.2011, seeking the issue of legal heir certificate to him as a heir of his deceased brother. 2. Heard Mr.S.Ramesh alias Ramiah, 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 brother of the deceased seeks legal heir certificate which has been denied by the Tahsildar on the ground that he should approach the civil Court. This appears to be contrary to the letter of the Special Commissioner and Commissioner and Secretary to Government, Revenue Department in letter No.1534 dated 28.11.1991, which reads as follows: "(1) In respect of direct legal heirs, the legal heir certificate should be issued by the Tahsildar by following the existing practice; (ii) In respect of the persons who are not direct legal heirs; https://hcservices.ecourts.gov.in/hcservices/ 2 (a) In cases where the deceased person was having more than one wife or husband, having children and among them there is partition dispute which is revealed during enquiry; (b) In cases where a person was not seen for 7 years and therefore, he should be presumed to have died, which results in the issuance of legal heir certificate; (c) In cases where the person who has applied for legal heir certificate is not living within the jurisdiction of the Tahsildar or not having any properties and failed to appear before the Tahsildar for enquiry; and (d) In cases where the deceased person was not having any children, but he was adopting a child; In all the above said cases, the Tahsildar shall avoid issuing legal heir certificate and direct the concerned petitioner to approach the Civil Court." 5. The four conditions contained in clause (ii) are not attracted to the present case, in order to relegate the petitioner to approach the civil Court. 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 particularly kept in mind the circular referred to above. 6. The writ petition is allowed as above. No costs. SD ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR ssl To The Tahsildar, Madurai South Taluk, At the Collector Office Campus, Madurai. 1CC TO MR. S. RAMESH ALIAS RAMIAH, ADVOCATE SR: 30993: DM::2011:SEPTEMBER:26:: W.P(MD)No.9772 of 2011 09.09.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/