THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17877 of 2008 ORDER: Petitioner’s application for issue of family member certificate was rejected by first respondent. Rejection was communicated by impugned endorsement, dated 19.07.2008 informing that as petitioner is second wife of late Kantamani Srinivasa Rao, who died on 28.01.2008, and also for the reason that there is a dispute in the matter of issue of certificate to first wife of late Srinivasa Rao and her children. Petitioner was also advised to obtain succession certificate from civil Court. A perusal of material on record and consideration of submissions made by rival counsel as well as learned Assistant Government Pleader would reveal the following. Late Srinivasa Rao was married to Smt Syamala Devi. Through her, he had two sons Balamurali Murali Krishna Prasad and Narayana Prasad, and a daughter, Nirmala Devi. Balamurali Murali Krishna Prasad was given adoption to Kandepati Subbanna. The daughter was married and she is staying in Eluru. Mr.Narayana Prasad is married and is now aged about 42 years. Srinivasa Rao allegedly married petitioner, through whom, he got three sons, namely, Venkata Satya Prasad, aged about 28 years; Krishna Prasad, aged about 26 years and Siva Shankar, aged about 19 years. Srinivasa Rao died 28.01.2008. The children of Srinivasa Rao through first wife approached Tahsildar, Nallajerla Mandal, and obtained family member certificate, dated 08.02.2008. This was given showing the two sons and the daughter as members of Srinivasa Rao family. The son, who was given adoption, was also shown as member of family besides showing the major children who crossed 40 years and who were married also. The said certificate also records that Nirmala Devi and Balamurali Murali Krishna Prasad gave consent that Narayana Prasad alone will be the next legal heir. Be that as it is, petitioner, thereafter, approached first respondent, namely, Tahsildar, Tadepalligudem, for a family member certificate, which was rejected by impugned endorsement. There is a dispute as to whether petitioner married Srinivasa Rao. There is however no dispute that the three children through first wife are on their own and are independent. When there is a dispute as to whether petitioner is second wife of Srinivasa Rao, such a question cannot be decided by Tahsildar. However, impugned endorsement itself mentions that petitioner is second wife of Srinivasa Rao. This only prima facie shows that when as of now she alone is the wife and if relevant Pension Rules do not contain prohibition for payment of pension to second and surviving wife, her case needs to be considered. However, this matter has to be examined by competent Tahsildar. All the parties agree that late Srinivasa Rao was resident of Ananthapally village of Nallajerla Mandal. In such an event, it is only the Mandal Revenue Officer who has jurisdiction to decide the matter. Therefore, impugned endorsement is set aside and liberty is given to petitioner to approach Tahsildar, Nallajerla, to consider her case for issue of family member certificate keeping in view the observations hereinabove. The writ petition is therefore disposed of giving liberty to petitioner to approach the Tahsildar, Nallajerla, for grant of family member certificate. As and when petitioner submits application, the same may be considered and disposed of within a period of four weeks thereafter. No costs. _______________ (V.V.S.RAO, J) 26.11.2008 pln