C DHAMAYANTHI Vs. DISTRICT COLLECTOR, MADURAI AND OTHERS

JUDGEMENT

(1.) Several Writ Petitions have been repeatedly filed by various parties seeking issuance of Writs of Mandamus, under Article 226 of the Constitution of India against the Tahsildars to issue Legal Heirship Certificate by taking into account the factum of death of their family members. Unfortunately, the Tahsildar working in various Districts viz., Sivakasi, Thiruculi, Virudhunagar and Madurai are invariably directing the parties to approach the competent Court for the purpose of getting the Legal Heirship Certificate on the ground that the time for applying and issuance of Legal Heirship Certificate got expired.

(2.) Even though there is no such limitation for making application by the concerned parties to obtain the Legal Heirship Certificate, repeatedly various orders have been passed, directing the parties to approach the appropriate Court. In fact, this Court on various occasions, considering the plight of the citizens for obtaining the Legal Heirship Certificate, has passed a detailed order in W.P.(MD) No.11709 of 2009, dated 16.11.2009, against the Tahsildar of Madurai South and made it clear in paragraph as under:-

(3.) In the above order, a specific direction was given to the Tahsildar of Madurai South, making it clear that it is open to the Tahsildar to conduct an enquiry in the matter through the Village Administrative Officer. The Village Administrative Officer is entitled to conduct a detailed enquiry in the matter and submit a report to the Revenue Inspector, who in turn, will cross verify the report, and thereafter, will forward it to the Tahsildar for passing appropriate orders.