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Judgment
S. Mohan, J.—An interesting question has arisen before me by reason of the office note.
The Petitioner seeking a succession certificate is an Anglo-Indian. The objection of the office is that the petition is not maintainable, because the
definition of ""Indian Christian"" u/s 2(d) of the Indian Succession Act, would not enable an Anglo-Indian to file a petition for succession certificate.
The proper remedy would be to apply for letters of administration, in view of Sections 212 and 219 of the Act. Prima facie I am inclined to agree
with the office note. However, what Mr. R. Mohan, Learned Counsel, would urge is that if Anglo-Indians are excluded from the purview of the
Indian Succession Act for obtaining succession certificate, it would constitute a discrimination within the meaning of Article 14 of the Constitution
of India. I am afraid I cannot decide this point at this stage. Certainly, it will be open to the petitioner to file a writ petition challenging the provisions
of the Indian Succession Act on the ground of inequality, by means of a writ petition. To enable him to do so, this matter will stand adjourned by
one month. Till then, the original petition will be kept pending. Of course, it will be open to the applicant to file a petition for the issue of letters of
administration.