Every quasi-judicial authority should think before taking a call: HC

CHENNAI: When disposing of a petition filed for issuance of a legal heir certificate to a woman, the Madras High Court made it very clear that it is expected that every quasi-judicial authority should apply his or her own mind and come to personal satisfaction before coming to a decision.

Justice CV Karthikeyan made the observation stating that a tahsildar while passing orders should come to his personal satisfaction. It was Veppanthattai revenue tahsildar denied legal heir certificate to one Baby on the ground that she was the second wife of the Sukkiran and there is no document produced evidencing her marriage with Sukkiran. Therefore, Baby moved the court for a direction to interfere with the order of Tahsildar, Veppanthattai denying a legal heir certificate to the petitioner.

Therefore, the court held that the tahsildar had passed the orders on the basis of the report of the revenue inspector but it is expected that every quasi-judicial authority should apply his or her own mind and come to personal satisfaction before coming to a decision.

According to the petitioner, the VAO had issued a certificate that Sukkiran's first wife Bavalakkodi died some twenty years ago and then Baby married him. Sukkiran and Baby had two children.

Recording the submissions, the judge opined that even if the petitioner is not recognized owing to doubts about the marriage and the date of marriage till Baby's two children Deepak and Rani should be recognized as legal heirs.

The judge quashed the decision of the Tahsildar and remitted the matter back to the respondent authority to re-examine the application of Baby and to pass fresh orders within March 31.