Under Sections 15 and 16 of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate devolves first upon her husband and children, thereby excluding parents and siblings from being legal heirs during the husband's lifetime.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th Respondent in rejecting the Petitioners Application No. FAMC012503612273 for a Family Member Certificate vide Endorsement dated 27.11.2025 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th Respondent to forthwith issue a Family Member Certificate in favour of the Petitioner and his family members, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to forthwith issue the Family Members Certificate to the Petitioner in the format applied for and to process and sanction the balance/additional relief of 07,50,000/- (Rupees Seven Lakhs Fifty Thousand only) together with all other rehabilitation benefits (pension, employment to one family member, house/land, education assistance) under G.O.Ms.No.95 dt.29.08.2016 read with the SC/ST (POA) Rules, within four weeks from the date of receipt of the Family Certificate, pending disposal of the Writ Petition and pass

The Court made the following:

ORDER:

1. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th Respondent in rejecting the Petitioner’s Application No. FAMC012503612273 for a Family Member Certificate vide Endorsement dated 27.11.2025 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th Respondent to forthwith issue a Family Member Certificate in favour of the Petitioner and his family members, and pass such other order or orders …”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of respondents.

3. Before opening of the case, learned counsel for the petitioner stated that this Court is not having roster and requested to place this matter before other Court. After perusal of the impugned order and proceedings of the Collector & District Magistrate dated 02.12.2023, it appears that this Court is having roster. Hence, the contention raised by the learned counsel for the petitioner that this Court is not having roster is without any basis and is rejected. This Court is not aware of the reason why he has mentioned in the above-stated manner.

4. The present Writ Petition is filed questioning the proceedings dated 27.11.2025. As per the proceedings of the 4th respondent, it appears that the petitioner, who is father of deceased-Smt. M.Aravinda, filed an application for issuance of family member certificate through the Mee Seva and the said application was registered as FAMCO12503612273, dated 16.04.2025. The same was rejected by the 4th respondent-Tahsildar on the ground that the deceased was married and had a husband, and as such, the petitioner is not entitled for any family member certificate. The said proceedings of the 4th respondent-Tahsildar dated 27.11.2025 was assailed in the present writ petition.

5. The petitioner also filed an application before the District