IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18517 OF 2011 BETWEEN: Smt. Goli Chitra Devi W/o.Late Goli Haranath Reddy …. Petitioner AND The Government of A.P., Factories Department, Rep. by its Secretary, Secretariat Buildings, Saifabad, Hyderabad and others. …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18517 OF 2011 ORDER: This Writ Petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents, particularly, the 3rd respondent in refusing to issue family member certificate to the petitioner, as arbitrary and illegal and consequently direct the respondents to forthwith consider the case of the petitioner for compassionate appointment. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows. The marriage of the petitioner was performed with one Goli Haranath Reddy on 17-06-2010 as per Hindu rites and customs and the same was registered with the Registrar of Marriages. Thereafter, they lived together at Korumula Village, Ghatkesar. The husband of the petitioner was employed as Office Subordinate in the office of the 2nd respondent – Inspector of Factories, Jeedimetla Circle. The sister– in–law of the petitioner came to their house, since she was driven by her husband and started living with them. Thereafter, she started harassing the petitioner for additional dowry and thrown away her from the marital house. The petitioner went to her parents’ place and made a complaint with the police of Sullurupet and the police registered a case in FIR No.261 of 2010 for the offence punishable under Section 498 (A) IPC. On 11-02-2011, the petitioner came to know that her husband Goli Haranath Reddy died and immediately she went to her marital place. But, the sister-in-law of the petitioner did not allow her to enter into the house. Thereafter, the petitioner went to Gandhi Hospital to know the reason of death of her husband and submitted a representation to furnish the death summary of her husband. In response to that, the Superintendent of the hospital issued proceedings dated 14-03-2011. Thereafter, she applied for the death certificate of her husband and submitted a representation to the 2nd respondent for release of death benefits and also sought for compassionate appointment on account of sudden demise of her husband, since she is the only legal heir of her late husband Haranath Reddy. In response to the representation of the petitioner, the 2nd respondent instructed the petitioner to submit family member certificate. Then, she approached the 3rd respondent – Tahasildar, Ghatkesar Mandal, Ranga Reddy District, for issuance of Family Member Certificate. The 3rd respondent issued proceedings on 26-05- 2011 stating that Smt. Chitra Devi (petitioner herein) wife of the deceased and G. Udaya Sree (sister of the deceased), both have filed petitions for issuance family member certificate and hence, there is rival dispute and that both of them were requested to approach appropriate forum to seek their redressal. Aggrieved by the action of the 3rd respondent in not issuing the family member certificate to the petitioner, she filed the present writ petition. 3. Learned counsel for the petitioner contended that on the ground that the sister has also filed an application for issuance of Family Member certificate, the 3rd respondent passed the impugned order on 26-05-2011, rejecting the claim of the petitioner stating that there was a rival dispute. 4. As seen from the impugned order, the petitioner, who is the wife of the deceased Haranath Reddy and one G. Udaya Sree, sister of the deceased have filed separate petitions for issuance of family member certificate. According to the learned counsel for the petitioner, the sister is not a legal heir and she is not the family member of the deceased Haranath Reddy and she was already married to another person and living with her husband, therefore, she cannot be a member of the family of the deceased Haranath Reddy. This aspect has to be enquired into by the 3rd respondent for the purpose of issuing the family member certificate of the deceased Haranath Reddy. Hence, the impugned order is liable to be set aside. Similarly, 3rd respondent has to make an enquiry whether the petitioner is legally wedded wife of the deceased Haranath Reddy. 5. Accordingly, the Writ Petition is allowed setting aside the impugned order, dated 26-05-2011, passed by the 3rd respondent – Tahasildar, Ghatkesar Mandal, Ranga Reddy District and the 3rd respondent is directed to make an enquiry with regard to the family members of the deceased Haranath Reddy and issue certificate to that effect in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order and thereafter communicate the same to the petitioner. There shall be no order as to costs. ____________ K.C. BHANU, J July 07, 2011. KTL