S. PANJAVARNAM Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioner herein applied to the Thasildar of Ramanathapuram for issuance of certificate showing her grand daughter Minor C.Yoga Shifana as the legal heir of her son- in- law Chithirai Munusamy, who went missing on 9/5/2005 and not heard for more than seven years. The said application was rejected vide proceedings of the Thasildar, Ramanathapuram, dtd. 29/7/2024 stating that the enquiry conducted reveals the said Chithirai Munusamy had not died naturally, he was reported missing. Hence, the Thasildar office is not competent to issue legal heir certificate. The said proceedings is under challenge in this petition seeking certiorarified mandamus to quash the impugned proceedings and direct the Thasildar to issue legal heir certificate.

(2.) In the course of argument, the Learned Counsel for the petitioner has relied on the order passed in WP(MD)No.5252 of 2024 dtd. 14/6/2024 ( R.Janaki vs- The Thasildar, Palayamkottai Taluk) wherein the learned single Judge has allowed the writ petition filed for similar relief with the following direction:-

(3.) Before the Learned Judge who heard this case, the Learned Special Government Pleader had submitted that the presumption under Ss. 107 and 108 of the Indian Evidence Act (Ss. 110 and 111 of BSA) is a rule of evidence for the Court and the same cannot be extended to the enquiry proceedings conducted by Revenue Authorities. Even if the enquiry of the Thasildar reveals that the person is not heard for more than 7 years, he cannot presume death of that person, who is not heard for seven years and issue certificates. Issuance of legal heir certificate is possible and permissible only on the death of the person for whom legal heir certificates sought.