R. Paneer Selvi vs C.P. Vidhya

Heard Mr. V.S.Jagadeesan, Learned Counsel for the Petitioner and Mr. M.Elumalai, Learned Additional Government Pleader appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

The Writ Petition in W.P. No. 20957 of 2019 had been disposed by order dated 26.09.2019, which reads as follows:-

"The Petitioner has made an application dated 02.04.2019 to the Respondent to issue Legal Heirship Certificate of his deceased brother, viz., R. Parthasarathy, who died on 03.11.2018. According to the Petitioner, the said R. Parthasarathy did not have any Class I heirs and that the Petitioner and her sisters R. Prema and R. Lakshmibhai were his Class II heirs, whose names ought to be included in his Legal Heirship Certificate.

Learned Government Advocate appearing for the Respondent submits that the issuance of Legal Heirship Certificate is presently governed by circular No. 9/2019 dated 24.09.2019 issued by the Commissionerate of Revenue Administration and Disaster Management, in which there is no provision for issuing Legal Heirship Certificate to the siblings, where the deceased does not have any Class I heirs. It is further stated that in furtherance to the order dated 30.07.2019 passed by this Court, fact finding enquiry was conducted by the Respondent and a Certificate has been issued showing the relationship of the Petitioner and the said R. Prema and R. Lakshmibhai as siblings of the deceased R. Parthasarathy.

In this context, it would be germane to recapitulate that the Legal Heirship Certificate issued by the Revenue Authorities in merely a report of a fact finding exercise and does not have any statutory sanctity and that is why it has been held by this Court in Thirumurthy E. -vs- Collector of Chennai [1998 WLR 347] that the Legal Heirship Certificate issued by the Tahsildar is neither conclusive, nor would it confer any right on the person in whose favour the same had been issued, nor it would exclude the other legal heirs, if any, of the deceased.

Having regard to the aforesaid legal position coupled with the facts mentioned supra, it would suffice to observe here that the Petitioner can rely on the Relationship Certificate dated 25.09.2019 issued by the Respondent, for the purpose to establish that the deceased brother of the Petitioner, viz., R. Parthasarathy, did not have any Class I heirs and that in the absence of any Class I heirs of her deceased brother, the Petitioner and the said R. Prema and R. Lakshmibhai, as his siblings, were his Class II heirs.

The Writ Petition is disposed with the aforesaid observations. No costs."

The present Contempt Petition has been filed stating that despite legal notice dated 27.02.2020, the Respondent has not issued the Relationship Certificate dated 25.09.2019 in terms of the aforesaid order passed by this Court.

Learned Additional Government Pleader appearing for the Respondent has today produced a copy of the report dated 27.03.2021 from the Respondent regarding enquiry on the application made by the Petitioner for issuing Legal Heirship Certificate of her deceased brother, viz., R. Parthasarathy, who died on

11.2018, and its copy has been furnished to the Learned Counsel for the Petitioner, who acknowledges its receipt. The said report mentions that the Petitioner is one of the sisters of the deceased R.Parthasarathy, which shall be treated as 'Relationship Certificate'. In view of the subsequent events, compliance of the order dated 26.09.2019 in W.P. No. 20957 of 2019 is recorded. It is made clear that if the Petitioner still has any further grievance to be redressed, she is not precluded from working out her remedies before proper forum in the manner recognized by law.

Accordingly, the Contempt Petition is closed. No costs.