WP/40700/2026 of Anusuya Vs The Tahsildar on 9 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “Calling for the entire records of the impugned proceedings in O.Muc 4 No 2628/ 2026 dated 23.07.2026 passed by the first respondent and quash the same and consequently direct the first respondent to consider the petitioners application dated 15.07.2026 for issuance of Legal Heir - ship (Relationship) certificate in respect of Late Thiru. G. Palani conduct a due and comprehensive enquiry into the family particulars and living status of the family member of the deceased, and issued an appropriate Legal Heir-ship (Relationship) certificate in accordance with G.O (Ms) No 478 Revenue and Disaster Management department, dated 29.09.2022 as amended by G.O (MS) No 110 Revenue and Disaster Management department, dated 13.03.2024 within a time frame fixed by this Honble Court.”

Brief Facts:

2. The Petitioner would submit that her brother, Late Thiru. G. Palani, died on 25.03.2026 at his residence due to age-related illness, and that his wife, Tmt. Kalavathi Palani, had predeceased him on 02.03.2019, as evidenced by the death certificate issued by the Greater Chennai Corporation.

3. The Petitioner would submit that Late Thiru. G. Palani and his wife had no children, either natural or adopted, and that their parents had also predeceased him. The Petitioner would further submit that she and Thiru.Anbalagan, are the surviving siblings/family members of the deceased Thiru. G.Palani.

4. The Petitioner would submit that, for the purpose of obtaining a Legal Heirship (Relationship) Certificate in respect of Late Thiru. G. Palani, she submitted an application dated 15.07.2026 before the 1st Respondent, along with the available supporting documents, including death certificates, identity and address proofs, family particulars and documents establishing her relationship with the deceased.

5. The Petitioner would further submit that the 1st Respondent, without conducting a proper enquiry through the competent revenue authorities, issued the impugned proceedings dated 23.07.2026, returning/rejecting the Petitioner's application on the ground that the Tahsildar had no authority to issue the Legal Heirship Certificate and directing her to approach the competent Court, purportedly relying upon the decision in W.P.No. 25247 of 2021 and the connected cases.

6. The Petitioner would submit that the impugned proceedings are arbitrary and unsustainable in law, as the 1st Respondent failed to consider the family particulars and supporting documents furnished by the Petitioner and did not identify any rival claim or dispute concerning the relationship of the Petitioner with the deceased. The Petitioner would further submit that the application was not intended to seek any adjudication of title, ownership, inheritance or other civil rights, but solely for the issuance of a Legal Heirship (Relationship) Certificate in accordance with the applicable Government guidelines.

7. The Petitioner would submit that the 1st Respondent has misconstrued the decision rendered in W.P. No. 25247 of 2021 and the connected cases. The said decision does not prohibit or preclude the Tahsildar from conducting an enquiry and issuing a Legal Heirship (Relationship) Certificate. The Petitioner would further submit that G.O. (Ms.) No. 478, Revenue and Disaster Management Department, dated 29.09.2022, as amended by G.O. (Ms.) No.110, Revenue and Disaster Management Department, dated 13.03.2024, prescribes the procedure for processing applications for Legal Heirship Certificates and empowers the Tahsildar to issue a Legal Heirship (Relationship) Certificate.

8. In the aforesaid circumstances, the Petitioner is constrained to invoke the extraordinary jurisdiction of this Hon’ble Court under Article 226 of the

Constitution of India, challenging the impugned proceedings dated 23.07.2026, on the ground that the same have been passed without proper enquiry and without due consideration of the relevant materials and applicable Government Orders.

9. Heard the learned counsel on either side and perused the records.

10. A perusal of the records would indicate that the impugned order is contrary to the guidelines prescribed under G.O. (Ms.) No. 110, Revenue and Disaster Management Department, dated 13.03.2024, whereby the following amendment was introduced:- “In the said G.O., in the Annexure for Clause 2 the following Clause shall be substituted:

2. Legal Heirship (Relationship) Certificate shall be issued to the applicant(s) irrespective of the Religions / Gender, with the name of the following persons; their relationship with the deceased and their living status:- (C) In case of death of Un-Married Person

i. Parents of the deceased

ii. Siblings (Brothers and Sisters) of the deceased.”

11. In the instant case, the parents and wife of the said G. Palani had predeceased him, and he died issueless Therefore, the Petitioner and Thiru.

Anbalagan, are the second-class legal heirs of the said G. Palani.

12. Further, in the impugned order the non-application of mind on the part of the 1st Respondent Tahsildar is writ large, inasmuch as the reference made therein to the writ proceedings is totally wrong and the entire order is based upon the said writ petition. The said writ petition culminated in the issuance of G.O. (Ms.) No. 478, dated 29.09.2022, whereby the Government prescribed certain guidelines for the issuance of Legal Heirship Certificates and stated that it is the duty of the Tahsildar to issue Legal Heirship Certificates. The Annexure appended to the said Government Order provides as follows under Guideline No. 2(ii): “(ii). Legal Heir Certificate of the deceased (in case of unmarried persons) will include only the following persons (alongwith their living status):-

1. Father of deceased

2. Mother of deceased

3. Brother(s) of deceased

4. Sister(s) of deceased “

13. Thereafter, the said Government Order was superseded by G.O. (Ms.) No. 110, dated 13.03.2024, whereby an amendment was introduced to Clause

(2) of the earlier Government Order, extracted supra.

14. In the light of the above, the impugned order passed by the 1st Respondent cannot be sustained and is liable to be set aside. Accordingly, the impugned order is set aside. The 1st Respondent is directed to issue the Legal Heirship (Relationship) Certificate to the Petitioner and the said Thiru.Anbalagan as the legal heirs of the said G. Parani, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

P.T.ASHA J. SHR To

1. The Tahsildar Vellore Taluk, Vellore district 6358 02

2. The Revenue Divisional officer Vellore Revenue Division, Vellore District

3. The District collector vellore District, vellore WP No. 40700 of 2026 AND WMP NO. 45656 OF 2026 09-10-2026