The Court instructed the Commissioner of Revenue Administration to issue a circular within five weeks. This circular will instruct all revenue officials to lodge police complaints if they come across false applications for legal heirship certificates
The Madras High Court, alarmed by corrupt practices in the issuance of legal heirship certificates, has directed criminal prosecution against individuals who seek these certificates by suppressing crucial information. Additionally, government officials found colluding with such applicants in the issuance process will also face legal action.
Justice S.M. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks, instructing all revenue officials across the State to lodge police complaints whenever they encounter any application for a legal heirship certificate lacking proper information disclosure. This directive came during the disposal of a writ petition filed by M. Marannan of Coimbatore, who contested the rejection of his request for a legal heirship certificate by the Mettupalayam Tahsildar following his father Maranna Gowder’s demise.
During the hearing of the writ petition, Additional Government Pleader U. Bharanidharan informed the court that the petitioner had failed to disclose having a brother and two sisters while applying for a legal heirship certificate. Consequently, the Tahsildar declined to issue the certificate to him.
Expressing concern over the prevalence of such cases involving false claims for legal heirship certificates, the judge sought clarification from Government Advocate (criminal side) S. Vinoth Kumar regarding the legal provisions for prosecuting both such applicants and the officials involved in issuing fraudulent certificates.
Mr. Kumar cited Sections 177, 182, and 199 of the Indian Penal Code, specifying that individuals could be charged under these sections for furnishing false information to public servants, with intent to misuse the lawful powers of public servants to the detriment of others, and for making false statements in declarations, respectively.
The court was informed that if false certificates were used to fraudulently acquire the deceased’s property or insurance funds, the police could additionally apply Sections 420, 467, 468, and 471 of the IPC, pertaining to cheating, forgery of valuable securities, forgery for the purpose of cheating, and using forged documents as genuine, respectively.
Acknowledging the valuable assistance of the Government Advocate, the judge instructed revenue authorities to promptly file criminal complaints against all deceitful applicants. He emphasized the necessity of initiating such legal actions to effectively combat the problem.
Furthermore, the judge highlighted the potential liability of government officials under criminal law if they were found to be involved in abetting these offenses. He directed the Commissioner of Revenue Administration to caution Tahsildars about facing disciplinary measures if they failed to report fraudulent activities to the police.
