LAWS(MAD)-2022-1-61

A. BALASUBRAMANIAYAN Vs. ADDITIONAL CHIEF SECRETARY

Decided On January 12, 2022
A. Balasubramaniayan Appellant
V/S
ADDITIONAL CHIEF SECRETARY Respondents

JUDGEMENT

(1.) These Writ Petitions have been filed questioning the order refusing to grant legal heirship certificate on the ground that with respect to class- heir, the Tahsildar, is not competent to grant legal heirship certificate. In this connection, a reliance is placed on a circular issued by the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai. Since a decision will have to be made with respect to the said circular, it is only appropriate that the said official, namely, the Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Chennai, is suo motu impleaded as respondent in the Writ Petition. The Registry may carry out necessary amendments in the cause title to the Writ Petition before issuing the order copy.

(2.) In all the above Writ Petitions, challenge is made to the order of the respective Tahsildars refusing to grant legal heirship certificates, when sought by the Writ Petitioners holding that they should approach the Civil Court, since they are Class-II legal heirs.

(3.) W.P.(MD)No.21441 of 2021, the petitioner claims legal heirship certificate to his sister-in-law/wife of his deceased brother.