The petitioner approached the Tahsildar for obtaining legal heirship certificate of deceased Mathai Thomas @ E.M.Thomas. This has been rejected by Exhibit P4, stating that the deceased has more than 11 children and many of them are no more and some of them are in abroad. 2. The Village Officer has conducted an enquiry as prescribed under the Manual and filed Exhibit P2 report. Exhibit P2 report clearly indicates who are the legal heirs.
3. In view of the above, the Tahsildar cannot decline issuance of legal heirship certificate. The Tahsildar is statutorily bound to issue legal heirship certificate. If there is any dispute regarding the succession, parties can be directed to approach the Civil Court, that does not mean that the Tahsildar has a power to refuse the issuance of legal heirship certificate.
4. In view of the above, Exhibit P4 is set aside and there shall be a direction to the Tahsildar to issue legal heirship W.P.(C).No. 26803 of 2014 2 certificate based on the representation submitted by the Village Officer. Needful shall be done within two months from the date of receipt of a copy of this judgment.
The writ petition is disposed as above.
Sd/- A.MUHAMED MUSTAQUE JUDGE DSV/16/10 W.P.(C).No. 26803 of 2014 3