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High Court for State of TelanganaWP/30885/2017dismissed

Smt. Kollana Srilatha Reddy D/O. Late K. Chandra Reddy, v. State Of Telangana Represented By Its Principal Secretary

2017-09-13P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30885 OF 2017 ORDER:

1.

According to the petitioner, petitioner is a member of the family of late Sri Kollana Chandra Reddy, who died in the month of July, 2016. There was a family settlement deed dated 03.01.2017, which was registered on 04.01.2017 and thereunder a portion of the joint family property, as described in the settlement deed, has fallen to the petitioner's share. In consequent thereof, the petitioner applied for Family Member Certificate. By endorsement dated 31.03.2017, which is impugned in this Writ Petition, the Tahsildar rejected the request of the petitioner for issuance of Family Member Certificate by holding that the applicant is not a Government employee and hence, she is not entitled for issuance of Family Member Certificate.

2.

Sri Y.Rama Rao, learned counsel appearing on behalf of Sri Parsa Ananth Nageswar Rao, learned counsel for the petitioner, submits that the rejection is illegal and that the petitioner is entitled to issuance of Family Member Certificate and the settlement deed itself would conclusively prove that the petitioner is one of the members of the joint family and therefore, rejection of the issuance of said certificate is erroneous and on account of such rejection, the rights that flow to the member of the family of late Sri Kollana Chandra Reddy are defeated.

3.

Learned Government Pleader placed before this Court the orders of the Government issued in Memo No.11496/Ser.II(2)/2013-2 dated 25.06.2013 wherein the Mandal Revenue Officers were directed to issue Family Member Certificate

only in respect of Government employees and that too to receive Government dues, if any and dues payable to Government Servants in case of death.

4.

In view of the orders of the Government abovementioned, I do not see any illegality in the Tahsildar refusing to grant the Family Member Certificate as requested by the petitioner. It is not in dispute that the petitioner is not a Government employee nor the petitioner is seeking any death benefits from the Government on behalf of an ex-employee of the Government. 5.

Leaving it open to the petitioner to avail the remedies as available in law, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.

____________________ (P.NAVEEN RAO, J) 13th September 2017 RRB