IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.23613 of 2006 BETWEEN M. Govardhan. ... PETITIONER AND The Commissioner of Labour, Hyderabad. ...RESPONDENT Counsel for the Petitioner: MR. A. RAMALINGESWARA RAO Counsel for the Respondent: GP FOR LABOUR The Court made the following: ORDER: This writ petition is filed seeking Mandamus to declare the action of the respondent in insisting for production of a succession certificate for registration of Quarter No.SRT-278, Industrial Housing Colony, Chikkadpally, Hyderabad in favour of the petitioner even in the presence a registered will executed by his mother on 07.02.1997, as illegal and arbitrary. 2. It appears that petitioner’s father, M.B. Mallaiah, was working in a private industry and he was allotted quarter No.SRT-278 under order No.H1/40973/69-72 dated 30.06.1974 of the respondent. Petitioner’s father expired on 18.05.1973 and his mother Smt. M. Yashodamma along with other family members were residing in the said quarter. The mother of the petitioner applied for transfer of the said quarter in her name consequent to the death of petitioner’s father and accordingly the said quarter was transferred in the name of his mother by order dated 21.08.1996 as per the guidelines contained in the Government Memo.No.1065/Labour-31/77-19 dated 23.10.1981. The mother of the petitioner paid the required rent during her lifetime and executed a will on 07.02.1997 in favour of the petitioner. The grievance of the petitioner is that in spite of the said will and though there was no dispute raised by any of the legal heirs of the said Mallaiah, the respondent insisted upon a succession certificate. 3. Learned counsel for the petitioner states that once the quarter was transferred in the name of the mother of the petitioner, after the death of his father, she alone is entitled for all the benefits thereof. Thus, the mother of the petitioner became the absolute owner of the property and when she executed a registered will, until and unless there is a dispute, the question of insisting upon a succession certificate does not arise. 4. I am in complete agreement with the submission made by the learned counsel for the petitioner. The writ petition is accordingly disposed of directing the respondent to register the Quarter No.SRT-278, Industrial Housing Colony, Chikkadpally, Hyderabad in the name of petitioner on the basis of the registered will deed dated 07.02.1997 without insisting upon production of a succession certificate. However, the petitioner also is directed to execute an indemnity bond to satisfy future claims, if any. There shall be no order as to costs. ____________ C.V. RAMULU, J February 2, 2011 DSK