THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35035 of 2025

ORDER:

This Writ Petition is filed seeking the following relief:-

“…To issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 4^th respondent in not issuing Family members certificate to the petitioner by considering her application dated 04.09.2025 vide Transaction I.D.No.TTFAMC022501849269, Application No.FAMC 022501849269 as illegal, arbitrary, violate of article 14, 19 and 21 of Constitution of India and against the principals of natural justice consequently to direct the 4th respondent to issuing Family members certificate to the petitioner by considering her application dated 04.09.2025 vide Mee seva Transaction I.D.No.TTFAMC022501849269 Application No.FAMC 022501849269 …”

2. Heard Mr. Dr.Challa Srinivas Reddy, learned counsel for the petitioner, Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. Perused the record.

3. With the consent of both the parties, this writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that the petitioner has made an application vide No.FAMC022501849269 along with all necessary documents. He would submit pursuant to the said application, respondent No.4 had issued endorsement stating that the application made by the petitioner is not considered and was rejected as the same was applied after 27 years of demise of Sri B.Venkatesham who is the husband of the petitioner herein. He would further submit that there is no bar under law nor time limit has been prescribed for issuance of family member certificate and therefore, would seek to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue by providing Government Memo No.11496/Ser.II(2)/2013-2, dt.25.6.2013 issued by the Government of Andhra Pradesh would submit that the Government after careful examination of the issue, hereby reiterate the instructions already issued and also further instruct the Chief Commissioner of land Administration, Andhra Pradesh, Hyderabad/Collectors to issue instructions to the Tahsildars in the State to issue Family Membership Certificate to the Government employees to receive Government dues, if any, payable to the Government Servant in case of his/her death and also to issue the same to general public also for applying to various Government Welfare Programmes. The Tahsildar (Mandal Revenue Officer) concerned shall follow the following procedure and precautions while issuing the family membership certificate to the government employee/general public which is extracted here under:

Procedure:

1. Applicant shall furnish affidavit indicating names, age and relationship with the deceased.

2. Cross checking the details with Aadhar/Ration Card/Voter ID card/Educational Certificates/Service papers of deceased (Copies to be furnished).

3. Death Certificate (Copies to be enclosed) of deceased.

4. Local enquiry to be conducted and Panchanama to be recorded.

5. 15 days notice may be given to the concerned, duly publishing such notice in O/o Tahsildar/Panchayat/VRO Office/Village Chavidi.

Precautions:

1. It should be clearly specified that Family Member Certificate is not a legal Heir Certificate.

2. The Family Member Certificate may be specified for specific purposes only and restricted to specified amount of claim, i.e., to claim for pensionary benefit etc., 3. It shall not be in lieu of Legal Heir Certificate which will be required to be produced in Civil Court matters.

4. It may be used for obtaining Social Security benefits, Heritable Government benefits like Housing, Ration Card, Pension, Insurance, Input subsidy etc., 5. Family Member Certificate shall not be issued in disputed cases of civil nature, e.g., case of multiple wives etc., 6. Family Member Certificate shall be given wherever consensus is there among all the family members.

7. Provision of evidence act may be made appli