THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.17323 of 2009 DATED: 20.08.2009 Between: Kandi Sailaja. .. Petitioner. And Tahsildar, Regidi Amadalavalasa Mandal, Srikakulam District. .. Respondent. ORDER: This writ petition is filed for a Mandamus declaring the letter in Rc.No.381/2009/A, dated 22.05.2009, issued by the respondent as arbitrary and illegal. It appears, the marriage of the petitioner was performed with one Ravi Kumar (deceased) on 17.04.2008 and, immediately thereafter he was appointed as Assistant Loco Pilot in East Coast Railway. Unfortunately, while he was on duty, he expired in an accidental fall from the train on 28.08.2008. Thereafter, the petitioner claimed for compassionate appointment, for which the railway authorities asked her to produce legal heir certificate from the competent authority, and as such, she submitted a representation to the respondent-Tahsildar, Regidi Amadalavalasa Mandal, Srikakulam District, for issuance of legal heir certificate, but however the respondent declined to issue the said certificate, on the ground that her mother-in-law raised an objection for issuance of such certificate, and the same was communicated to her through an endorsement. Pursuant thereto, the petitioner got issued a legal notice through an advocate to the respondent on 26.03.2009, and the respondent, on receipt of the legal notice, issued the impugned letter stating that the matter regarding the issuance of legal heir certificate has been enquired and since there is a dispute between the petitioner and her mother-in-law, the petitioner was informed to get a Succession Certificate through the Court of law and, therefore, the endorsement to that effect given to the petitioner holds good. Questioning the impugned letter, the petitioner filed this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondent. A perusal of the impugned letter shows that due to a dispute between the petitioner and her mother-in-law, the respondent declined to issue the legal heir certificate and advised the petitioner to get the Succession Certificate through Court of law. Admittedly, the marriage of the petitioner was performed with one Ravi Kumar (deceased), who subsequently died in the accident while he was on duty on 28.08.2008. So, when there is no dispute with regard to the marriage of the petitioner with the deceased, the issuance of impugned letter by the respondent, rejecting the request of the petitioner merely because her mother-in-law objected for issuance of legal heir certificate to the petitioner, cannot be sustained. Further, if there is any dispute between the mother-in-law and the petitioner as to procuring employment on compassionate grounds, it is for the railway authorities to decide who is genuine person entitled for employment on compassionate grounds. Therefore, the action of the respondents in issuing the impugned letter is arbitrary and illegal and the impugned letter is liable to be set aside. Accordingly, the writ petition is allowed, setting aside the letter dated 22.05.2009 in RC.No.381/2209/A, and the respondent is directed to issue the legal heir certificate to the petitioner as per G.O.Ms.No.3, dated 05.01.1990, after conducting detailed enquiry as necessitated, within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs. _____________ C.V.RAMULU,J 20.08.2009 v v