Take Criminal Action Against Those Furnishing False Information For Obtaining Legal Heirship Certificate: Madras High Court

“The Commissioner, Revenue Administration, Chepauk, Chennai is directed to issue Circular / Instructions to all the competent Revenue Authorities across the State of Tamil Nadu to register criminal complaint under Section 200 Cr.P.C. if any applicant has submitted application seeking Legal Heirship Certificate by suppressing material facts or by furnishing false informations,” the court observed.

Justice SM Subramanian added that if the authorities failed to take action against such persons, the competent authority shall initiate appropriate disciplinary proceedings against the officers for dereliction of duty.

“In the event of failure on the part of the competent Revenue Authorities to prosecute the offenders under Criminal Law, the Commissioner of Revenue Administration / Competent Authority shall initiate appropriate disciplinary proceedings against such officials for dereliction of duty, lapses and negligence on their part,” the court said.

The court was hearing a plea by a man against the rejection of legal heirship certificate. The revenue authorities had informed the court that though the man claimed to be the only legal heir of the deceased, on inquiry, it was found that the deceased had four legal heirs including the petitioner and thus the certificate was rejected for suppressing facts.

The court noted that a legal heirship certificate had civil consequences and suppression of facts while seeking a legal heirship certificate would lead to infringement of the civil rights of persons. The court thus noted that those persons who suppressed material facts were liable to be prosecuted under criminal law.

The court also noted that there was an increase in such types of cases since the revenue authorities often struggled to identify the facts relating to the legal heirs who were residing in far-off places leading to large-scale illegalities and irregularities.

The Government Advocate also informed the court that in such cases, persons furnishing false information could be prosecuted under Section 177 IPC ( Furnishing false information), Section 182 IPC (False information with intent to cause public servant to use lawful power to the injury of others), Section 199 IPC (False statement made in declaration) and Sections 420, 467, 468 and 471 of the IPC.

The court also added that unless such penal actions were taken, it would be difficult for the revenue authorities to control the menace of furnishing false information and prevent suppression of facts while issuing legal heirship certificate.

The court thus directed the commissioner to issue circular/instruction/procedure in this regard within a period of five weeks and disposed the plea.

Counsel for the Petitioner: Mr.K.S.Karthik Raja

Counsel for the Respondent: Mr.U.Baranidharan, Additional Government Pleader, Mr.S.Vinoth Kumar, Govt. Advocate

Citation: 2024 LiveLaw (Mad) 200

Case Title: M Marannan v. The District Collector and Others

Case No: W.P.No.5399 of 2024