1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9486 of 2011 S.Alagar ... Petitioner Vs. The Tahsildar, Madurai South, Madurai District. .. 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 relating to the impugned order of the respondent in Na.Ka.No.16567 dated 05.08.2011 and quash the same and consequently directing the respondent herein to issue legal heirship certificate to the petitioner. For Petitioner : Mr.S.Manikandan For Respondent : Mr.TR.Janarthanam Additional 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 relating to the impugned order of the respondent in Na.Ka.No.16567 dated 05.08.2011 and quash the same and consequently directing the respondent herein to issue legal heirship certificate to the petitioner. 2. Heard Mr.S.Manikandan, learned Counsel appearing for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner has challenged the proceedings of the Tahsildar rejecting the claim for issuance of legal heir certificate to the petitioner. The petitioner has approached the Tahsildar for issuance of legal heir certificate on the death of his father who died on 08.01.1988 leaving behind his wife, son and daughters as his legal heirs. The said claim has been rejected as belated. Challenging the same, the writ petition has been filed. 5. Certain guidelines were issued in the letter /Circular of the Special Commissioner and Commissioner and Secretary to Government, Revenue Department in letter No.1534 dated 28.11.1991, which reads as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "(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; (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." 6. Nowhere it has been stated that the claim can be rejected on the ground of delay. In the impugned order also, no particular provision of law has been shown to deny the claim on the ground of delay. In such view of the matter, the impugned proceedings is set aside and the Tahsildar is directed to make a proper enquiry and issue legal heir certificate to the petitioner, if the claim is otherwise in order. 7. The writ petition is allowed as above. No costs. ssl Sd/- Deputy Registrar[W] /True copy/ Assistant Registrar To The Tahsildar, Madurai South, Madurai District. +1 cc to Special Government Pleader, SR.No.31024. W.P(MD)No.9486 of 2011 Dated:09.09.2011 2P/3C RPB 20.09.2011 https://hcservices.ecourts.gov.in/hcservices/