issuance of legal heirship certificate in respect of his mother as even the Registration of Births and Deaths Act, 1969 came into force only in the year 1969, prior to which, the registration of death was not mandatory. Admittedly, the petitioner is aged about 78 years old and his father died in the year 1951 and therefore, insisting upon the production of the death certificate for the said period is wholly impermissible.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2026
C O R A M
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.9689 of 2026 and W.M.P.No.10451 of 2026
S.Mahalingam … Petitioner
Vs
1.The Tahsildar,
Velachery Taluk, Sony Nagar, Chennai-600 042.
2.The Revenue Inspector,
Velachery Taluk, Sony Nagar,
Chennai-600 042.
… Respondents For Petitioner : Mr.A.Charles Darwin
For Respondents : Mr.M.Rajendiran,
Government Advocate
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned return order dated 21.01.2026 in Application Number TN-7202507281512 passed by the 1st Respondent and quash the same and direct the Respondents to issue legal heir certificate to the Petition without insisting the death certificate of the Petitioner’s father based upon the documentary evidence provided by the Petitioner affirming the death of late Mr.S.Srinivasan.
O R D E R
The present Writ Petition has been filed challenging the return of the petitioner’s application seeking issuance of legal heirship certificate in respect of his deceased mother insisting upon the production of the death certificate of the Petitioner’s late father.
2. Mr.M.Rajendiran, learned Additional Government Pleader takes notice on behalf of the respondents.
3. The petitioner is aged about 78 years. His father, who was employed as a Constable at Velipalayam Police Station, died on 21.05.1951 when the petitioner was about three years old however, the family could not obtain the death certificate at that point of time. On account of the death of his father, the mother was receiving the family pension. After the demise of his mother on
24.06.2024, the petitioner applied for issuance of legal heirship certificate on 28.07.2025 which was returned by impugned order dated 21.01.2026 insisting upon the production of death certificate of the petitioner’s father. Aggrieved by which, the present Writ Petition has been filed.
4. Learned counsel appearing for the petitioner submitted that the petitioner’s father died even prior to the introduction of the Registration of Birth and Deaths Act however, without considering the said fact, the present impugned order has come to be passed. Therefore, this Court may issue a direction to the respondents to issue the legal heirship certificate without insisting upon the production of death certificate of his father.
5. Learned Additional Government Pleader appearing for the respondents submitted that the legal heirship will be issued to the petitioner within a period of two (2) weeks.
6. Heard the learned counsel appearing on either side and perused the materials available on record.
7. Considering the facts and circumstances of the case and the materials available on record, it is evident that there has been a clear non-application of the mind on the part of the respondents in rejecting the petitioner’s application for issuance of legal heirship certificate in respect of his mother as even the Registration of Births and Deaths Act, 1969 came into force only in the year 1969, prior to which, the registration of death was not mandatory. Admittedly, the petitioner is aged about 78 years old and his father died in the year 1951 and therefore, insisting upon the production of the death certificate for the said period is wholly impermissible.
8. Hence, there shall be direction to the respondents to issue legal heirship certificate to the petitioner within a period of three weeks from the date of receipt of a copy of this order.
9. For reporting compliance, post the matter on 02.04.2026.
13.03.2026
Index : Yes / No
Speaking order / Non-speaking order Neutral Citation Case : Yes / No
Nhs
To
1.The Tahsildar,
Velachery Taluk, Sony Nagar, Chennai-600 042.
2.The Revenue Inspector,
Velachery Taluk, Sony Nagar,
Chennai-600 042.
M.DHANDAPANI, J.
Nhs
W.P.No.9689 of 2026 and W.M.P.No.10451 of 2026
13.03.2026
