IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8605 of 2009 Between: K.Mariyamma, W/o. Late Nagayya, R/o. 20-6-198/3, Bapuji nagar, Paloncha Town & Mandal, Khammam district. ..... PETITIONER AND 1 The Tahsildar, Paloncha mandal, Khammam District. 2 Senior Accounts Officer, O & M, Kothagudem Thermal Power Station, Paloncha, Khammam District. 3 K. Esther Rani, W/o. Late Bhaskar Rao, R/o. BG-43, IM Colony, Near Paloncha, Khammam District. ..RESPONDENTS Counsel for the Petitioner:MR.V.JITHENDER RAO Counsel for the Respondents:--- The Court made the following : O R D E R: This writ petition is filed for a writ of Mandamus to declare the action of respondent No.1 in not including the name of the petitioner as a legal heir of her deceased son K.Bhaskar Rao in the legal heir certificate as illegal and arbitrary. The petitioner also sought for a declaration that the action of respondent No.2 in not paying her share in the terminal benefits of her late son as illegal and arbitrary. Heard Sri V.Jithender Rao, learned counsel for the petitioner, and perused the record. The petitioner averred that her son K.Bhaskar Rao was given compassionate appointment in the place of her husband, who died in harness. She also claimed that in March, 2000, the then Mandal Revenue Officer, Paloncha Mandal, gave a legal heir certificate showing her among others as the legal heir of her husband, late Nagayya. The petitioner further averred that on 01-06-2008 her son Bhaskar Rao died and respondent No.3, who is the wife of Bhaskar Rao, approached respondent No.1 for issuance of a legal heir certificate in her favour by seeking to exclude the name of the petitioner from such certificate. The petitioner also claimed to have caused legal notice issued on 17-03-2009 to respondent No.1 not to exclude her from the legal heir certificate to be issued as the legal heirs of K.Bhaskar Rao. At the hearing, learned counsel for the petitioner submitted that there is a likelihood of respondent No.1 issuing a legal heir certificate in favour of respondent No.3 by excluding the petitioner. Admittedly, respondent No.1 has not issued any legal heir certificate so far. Therefore, I do not find any basis for the petitioner’s apprehension that she may be excluded from the heirs to be shown in the legal heir certificate proposed to be issued by respondent No.1. If the petitioner figures as Class-I legal heir being the mother of late Bhaskar Rao, there can be no reason for respondent No.1 to exclude her name. Since the writ petition is wholly premature, the same is dismissed with liberty to the petitioner to seek redressal of her grievance by availing appropriate remedy if her name is excluded in the legal heir certificate to be issued by respondent No.1 or if she is denied payments of retirement benefits. As a sequel to dismissal of main petition, WPMP No.11265 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 24th April, 2009 vrn