APHC010381292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19304/2025 Between: 1. POLINENI VENKATA VARAPRASAD, S/O SRINIVASARAO, AGED ABOUT 38 YEARS, R/O 24-4-134/A, GADDAMVARIKOSTALU, KANDUKUR VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, SPSR NELLORE DISTRICT. 2. THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, ANDHRA PRADESH 4. THE TAHSILDHAR, , KANDUKUR MANDAL, SPSR NELLORE DISTRICT 5. KANDUKUR MUNICIPALITY, REP BY ITS REGISTRAR (BIRTH AND DEATH), SPSR NELLORE DISTRICT, ANDHRA PRADESH 6. POLINENI VENKATA SUMATHI, W/O NOT KNOWN TO PETITIONER, R/O GADDAMVARIKOSTALU, KANDUKUR VILLAGE, KANDUKUR 2 MANDAL, SPSR NELLORE 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 tomay be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for declaring the Impugned Death Certificate dated 27.05.2025 issued by the 5th Respondent to the 6th Respondent who is illegitimate wife of the deceased father of the Petitioner without issuing any notice to legal family members while pendency of the application of the Petitioner as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and set aside the same and further declare the action the 5th Respondent in not issuing Death Certificate in pursuance of Application dated 22.5.2025 to the Petitioner who is legitimate son of the deceased is illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and consequently direct the Respondent to issue Death Certificate in pursuance of Application dated 22.5.2025 and further declaring the action of the Respondents more particularly the 4th Respondent and 5th Respondent in trying to issue Family Member Certificate to the 6th Respondent basing on the impugned Death Certificate dated 27.05.2025 as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and direct the 4th Respondent and 5th Respondent not to issue Family Member Certificate to the 6th Respondent and pass IA 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 may be pleased to direct the 4th Respondent and 5th Respondent not to issue Family Member Certificate to the 6th Respondent and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and pass Counsel for the Petitioner: 1. N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the issuance of death certificate to the 6th respondent by the 5th respondent. It is submitted that the petitioner’s father passed away on 12.05.2025, and the 6th respondent, claiming as his husband, applied for death certificate and obtained the same from the 5th respondent. It is submitted that the petitioner also made an application on 22.05.2025 seeking issuance of death certificate of his father. 2. Learned counsel for the petitioner submits that, on the strength of the death certificate, the 6th respondent is now in the process of obtaining legal heir certificate from the 4th respondent. It is submitted that the petitioner’s father was an agriculturist. 3. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the 1st respondent; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 to 4 and the learned Standing Counsel for the 5th respondent. 4. A death certificate does not certify or recognize the legal heirs of the deceased person. For the purpose of issuance of legal heir certificate, the 4th respondent cannot assume the role of a competent Court. Any proceedings initiated by the 6th respondent would have to be appropriately dealt with before the competent Court. 5. Accordingly, the Writ Petition is disposed of. No costs. 4 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 28.07.2025 BMS