Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 18934 (AP)

PERIVELA HYMA v. THE STATE OF ANDHRA PRADESH

WP/13843/2025 · 2025-07-03

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010261892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADD^ WRIT PETITION NO: 13843 OF 2025 Between: Perivela Hyma, W/o Late Sudarshan Venu Gopala Rao, Aged about 55 years, House-wife/Widow, R/o D.No. 15-272, Anjaneyapuram Village, Cheepurupalli Mandal, Vizianagaram District. ...Petitioner— AND The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue), Secretariat, Velagapudi, Guntur District. The District Collector, Vizianagaram District at Vizianagaram. The Revenue Divisional Officer, Cheepurupalli Division, Cheepurupalli, Vizianagaram District. The Tahsildar, Cheepurupalli Mandal, Cheepurupalli, Vizianagaram District. The Panchayat Secretary, Anjaneyapuram Panchayat Office, Anjaneyapuram, Cheepurupalli Mandal, Vizianagaram District. Registrar of Death and Birth, Greater Visakhapatnam Municipal Corporation, GVMC Zone 3 (Asilmetta), Visakhapatnam, Visakhapatnam District. 1. 2. 3. 4. 5. 6. ...Respondents 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 pass an Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the Respondents 3 to 5 herein in issuing the Family Member Certificate to third parties by showing them as Family Rampilli Vijayalakshmi W/o Late Members of the deceased by name Satyananda Rao of Anjaneyapuram, Cheepurupalli Mandal, Vizianagaram District basing on the death certificate issued the 6th Respondent herein under S.No.81759 dt.02.01.2025 as arbitrary, autocratic, illegal and against principles of natural justice and consequently direct the Respondents 1 to 6 herein not to issue the Family Member Certificate to any person showing as family member of the above mentioned deceased Rampilli Vijayalakshmi without due process of law in the interests of justice. lA NO: 1 OF 2025 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 to pass an interim order by way of Direction by directing the Respondents 1 to 6 herein not to issue the Family Member Certificate to any third party showing as Family Member of late Rampilli Vijayalakshmi W/o Late Satyananda Rao of Anjaneyapuram, Cheepurupalli Mandal, Vizianagaram District who died issueless and intestate on dt. 19.12.2024 pending disposal of the main Writ Petition on the file of this Hon'ble Court in the interests of justice.- Counsel for the Petitioner: SRI CHANDRA SEKHAR ILAPAKURTI ^ Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent No.6: SRI A S C BOSE (SC FOR MUNICIPAj^i CORPORATIONS) The Court made the following order: APHC010261892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13843/2025 Between: 1.PERIVELA HYMA, W/0 LATE SUDARSHAN VENU GOPALA RAO AGED ABOUT 55 YEARS, HOUSE-WIFE/ WIDOW, R/0 D.NO. 15- 272, ANJANEYAPURAM VILLAGE, MANDAL,VIZIANAGARAM DISTRICT. CHEEPURUPALLI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARIAT, PRINCIPAL SECRETARY ( REVENUE) VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 3.THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI DIVISION, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 4.THE TAHSILDAR, CHEEPURUPALLI MANUAL, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 5.THE PANCHAYAT SECRETARY, ANJANEYAPURAM PANCHAYAT ANJANEYAPURAM, CHEEPURUPALLI MANUAL, OFFICE, VIZIANAGARAM DISTRICT. 6.REGISTRAR OF DEATH AND BIRTH, GREATER VISAKHAPATNAM GVMC ZONE 3 (ASILMETTA), MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S); 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 topleased to pass an Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the Respondents 3 to 5 herein in issuing the Family Member Certificate to third parties by showing them as Family Members of the deceased by name Rampilli Vijayalakshmi W/o Late Satyananda Rao of Anjaneyapuram, Cheepurupalli Mandal, 2 NV,J W.P.No.13843 of 2025 Vizianagaram District basing on the death certicate issued the 6th Respondent herein under S.No.81759 dt.2.01.2025 as arbitrary, autocratic, illegal and against principles of natural justice and consequentlydirect the Respondents 1 to 6 herein not to issue the Family Member Certificate to any person showing as family member of the above mentioned deceased Rampilli Vijayalakshmi without due process of law in the interests of justice and pass lA NO: 1 OF 2025 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 Pleased to pass an interim order by way of Direction by directing the Respondents 1 to 6 herein not to issue the Family Member Certificate to any third party showing as Family Member of late Rampilli Vijayalakshmi W/o Late Satyananda Rao of Anjaneyapuram Cheepurupalli Mandal, Vizianagaram District who died issueless and intestate on dt. 19.12.2024 pending disposal of the main Writ Petition on the file of this Hon'ble Court in the interests of justice and pass Counsel for the Petitioner: 1.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S): 1.GP FOR REVENUE 3 NV,J W.P.No.13843 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13843 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India declaring the action of the Respondents 3 to 5 herein in issuing the Family Member Certificate to third parties by showing them as Family Members of the deceased by name Rampilli Vijayalakshmi W/o Late Satyananda Rao of Anjaneyapuram, Cheepurupalli Mandal, Vizianagaram District basing on the death certificate issued by the 6^^ Respondent herein under S.No.81759 dated 2.01.2025 as arbitrary, autocratic, illegal and against principles of natural justice and consequently direct the Respondents 1 to 6 herein not to issue the Family Member Certificate to any person showing as family member of the above mentioned deceased Rampilli Vijayalakshmi without due process of law 2. Learned counsel for the petitioner submits that the petitioner’s husband passed away in the year 2012. Subsequent to his demise, the petitioner continued residing in the matrimonial home, where her late husband's junior mother-in-law, Smt. Rampilli Vijaya Lakshmi, and her husband, Sri Rampilli Satyanandam, also resided. In November 2024, Sri Rampilli Satyanandam passed away at the petitioner's residence. Thereafter, on 19.12.2024 Smt. Rampilli Vijaya Lakshmi also expired. It is submitted that the said NV,J W.P.No.13843 of 2025 deceased couple had no children and died intestate without executing any testamentary document such as a Will. It has come to the knowledge of the petitioner that certain third parties, who are unrelated to the deceased are attempting to procure a Family Member Certificate from the Tahsildar, Cheepurupalli, falsely claiming to be legal heirs of Smt. Rampilll Vijaya Lakshmi, with an intent to lay claim over her immovable properties situated i Cheepurupalli Village and Visakhapatnam. in The petitioner, therefore, has approached this Hon’ble Court by way of the present writ petition seeking a direction to the Tahsildar, Cheepurupalli, not to issue any Family Member Certificate in favour of such third parties, as Smt. Rampilli Vijaya Lakshmi died issueless and intestate 3. - Learned Assistant Government Pleader for Revenue furnished written instructions in Rc.No.182/2025/HDT dated 08.05.2025 issued by the Tahsildar, Cheepurupalli. It is stated that on verification of the online Ward Sachivalayam application received through meeseva and Grama websites, there are no application in the Tahsildar login for issuance of Family Member Certificate with regard to the deceased Lakshmi. If so, received further, a detailed late Smt. Rampilli Vijaya enquiry will be conducted and necessary action will be taken on the application as per the rules prescribed. Based on the written instructions, learned Assistant Government Pleader submits that, since the petitioner did not submit any application to issue a 5 NV,J W.P.No.13843 of 2025 Family Member Certificate and if the petitioner submits the application, the same would be considered by the respondents in accordance with law. Heard learned counsel for the petitioner, learned Assistant Government 4. Pleader for Revenue and perused the material placed on record. It is evident from the written instructions dated 08.05.2025 that the petitioner did not submit any application through Meeseva or Grama Ward Sachivalayam, for issuance of Family Member Certificate. Hence, the petitioner is permitted to submit an application in the Meeseva or Grama Ward Sachivalayam by paying requisite fee within one (01) month from the date of receipt of the order. Thereupon, the respondents shall consider the same and pass appropriate orders in accordance with law, preferably within a period of three (03) months thereon. 5. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous applications pending if any, shall stand 6. 7. closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Revenue), Secretariat, Velagapudi, Gu^ur District. 2. The District Collector, Vizianagaram District at Vizianagaram.^ 3. The Revenue Divisional Officer, Cheepurupalli Division, Cheepurupajli, Vizianagaram District. 4. The Tahsildar, Cheepurupalli Mandal, Cheepurupalli, Vizianagaram District. 5. The Panchayat Secretary, Anjaneyapuram Panchayat Office, Anjaneyapuram, Cheepurupalli Mandal, Vizianagaram District. The Registrar of Death and Birth, Greater Visakhapatnam Municipal Corporation, GVMC Zone 3 (Asilmetta), Visakhapatnam, Visakhapatnam District. 7. One CC to Sri Chandra Sekhar llapakurti. Advocate [OPUC]-— 8. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP), Advocate [OPUC] One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUVf 11. Two CD Copies y 6. 9. TF HIGH COURT DATED:04/07/2025 ORDER WP NO. 13843 OF 2025 S 72JOL 2025 m . ^ . ot ^ . Current Secrion r^y DISPOSING OF THE W.P., WITHOUT COSTS