Vemuluri Srinivasu, v. State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32701 OF 2017 Dated:03.10.2017 Between:

Vemuluri Srinivasu, S/o. Late Venkateshwarlu, Aged 49 years, Occ: Deputy Executive Engineer (RWS), O/o. Telangana Drinking Water Supply Project, Hyderabad Road, Jangam, Jangam District, R/o.Mallapur, Nacharam, Hyderabad, Telangana State .. Petitioner And The State of Telangana, Revenue Department, rep., by its Principal Secretary, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32701 OF 2017 ORDER:

Heard.

2.

Petitioner claims that he is a native of Palvancha Town. His father, by name, Vemuluri Venkateshwarlu, worked in Andhra Pradesh Steels Limited, Palvancha.

Himself, Vemuluri Pushpavathi, Venkataramana, Vemuluri Veerabhadram and Vemuluri Seethaiah are the children of Vemuluri Venkateteshwarlu through his first wife Vemuluri Parvathamma. After death of their mother, their father married another lady, by name, Smt. Anasurya and through her, he blessed with one son and one daughter, namely, Vemuluri Satyanarayana and Vemuluri Govardhana. There appears to be an inter se dispute among the family members regarding the properties standing in the name of late Vemuluri Venkateshwarlu. It appears, petitioner and other persons submitted application for issuance of Family Member Certificate. Petitioner is aggrieved by the issuance of Family Member Certificate dated 08.07.2015 disclosing the names of Vemuluri Govardhana, Vemuluri Anasurya and Vemuluri Satyanarayana.

Aggrieved thereby, petitioner submitted representations dated 06.02.2016 and 11.09.2017 for conducting enquiry and for taking further course of action. Hence, this Writ Petition.

3.

The issuance of Family Member Certificate is only for the purpose of settlement of service benefits of any employee working in a Government or other organization and except for such benefits no Family Member Certificate can be given.

4.

In the instant case also, the Family Member Certificate, which is specifically meant for social security benefit, was issued in favour of the unofficial respondents, against whom petitioner has grievance. The Family Member Certificate cannot be the basis for resolution of a civil dispute and any person claiming as successor in interest or by any other means setting up claim to a property, the person has to avail remedy as available in law to establish right over the properties. That being so, no direction as sought for by the petitioner, to issue Family Member Certificate or to conduct enquiry with reference to Family Member Certificate already issued, can be granted. In the instant case, petitioner does not challenge the certificate stated to have been issued in favour of the unofficial respondents. Hence, this Court is not inclined to express any opinion on the certificate issued. 5.

The Writ Petition is accordingly dismissed, leaving it open to the petitioner to work out his remedy regarding the claim on the properties which are stated to be belonging to Vemuluri Venkateshwarlu or on issuance of Family Member Certificate dated 08.07.2015 in favour of the unofficial respondents. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:03.10.2017 KH