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2025 DAILYLAW 5249 (AP)

T.E. Kasthuri, v. The State of Andhra Pradesh

WP/2472/2025 · 2025-02-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^15 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2472 OF 2025 Between: T.E. Kasthuri, S/o. Late T.E. Gopalachari, Aged about 85 years, R/o. H.No.14-2-167, T.P. Area of Tirupati, Andhra Pradesh - 517501 Presently residing at H.No.3-4-747, Near Lingampally Market, Narayanaguda, Hyderabad, Telangana - 500 027 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The District Collector, Tirupati District, Tirupati 3. The Tahsildar, Tirupati Urban Mandal, Tirupati District 4. S. Sujatha, D/o N. Srinivasan, Aged about 50 years, R/o. No.5, Ground Floor, 4‘^ Cross, Manjunatha Layout, Gundappa Road Nagashettyhalli, Bangalore North, Bangalore, Karnataka - 560094 ...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 issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the inaction of the Respondent No.3 in considering the Representations of the Petitioner dated 16-10-2024 and 17-12-2024 for the purpose of issuing a Family Member Certificate to the Petitioner duly declaring him to be a family member of Late Mr. T.E. Aravindan as illegal, arbitrary, unreasonable, unconstitutional, unsustainable and consequently direct the Respondents to consider the Representations of the Petitioner 17-12-2024 and issue declaring him to be a family member of Late dated 16-10-2024 and a Family Member Certificate to the Petitioner duly Mr. T.E. Aravindan. \A NO: 1 OF 7C)9fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 and 3 to consider the 16-10-2024 and 17-12-2024 for the to the Petitioner duly Mr. T.E. Aravindan. Representations of the Petitioner dated purpose of issuing a “Family Member Certificate declaring him to be a family member of Late Counsel for the Petitioner: SMT. SODUM Counsel for the Respondent Nos. ANVESHA 1 to 3: SRI K.ARJUN CHOWDHARY, AGP FOR REVENUE Counsel for the Respondent No.4:— The Court made the following: ORDER 1 APHC010043422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] / TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2472/2025 Between; 1.T.E. KASTHURI,, S/0. LATE T.E. GOPALACHARl. AGED ABOUT 85 YEARS, R/0. H.NO.14-2-167, TP. AREA OF TIRUPATI, ANDHRA PRADESH - 517501 PRESENTLY RESIDING AT H.NO.3-4-747, NEAR LING AM PALLY MARKET, NARAYANAGUDA, HYDERABAD, TELANGANA- 500 027 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI 3.THE TAHSILDAR, TIRUPATI URBAN MANUAL, TIRUPATI DISTRICT 4.S SUJATHA, D/0 N. SRINIVASAN, AGED ABOUT 50 YEARS, R/0. N0.5, GROUND FLOOR, 4THCROSS, MANJUNATHA LAYOUT, GUNDAPPA ROAD NAGASHETTYHALLI, BANGALORE NORTH, BANGALORE, KARNATAKA - 560094 ...RESPONDENT(S): Counsel for the Petitioner: 1.SODUMANVESHA Counsel for the Respondent(S): 1.GP FOR REVENUE 2 ORAL ORDER: Heard Smt. Sodum Anvesha, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing the Respondent Nos.1 to 3. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Tirupati Urban Mandal dated 29.01.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. 2. The Written Instructions would indicate that in response to the Representations submitted by the Writ Petitioner dated 16.10.2024 and 17.12.2024 (Exs.P.1 & P.2 respectively), the Competent Authority has rejected the request by issuing an Endorsement dated 12.12.2024. Para 9 of the Written Instruction is usefully extracted hereunder: 3. “9. It is fact that, the petitioner has filed petition to conduct enquiry in the matter and issue Family Member Certificate in his favour. The said petition is under enquiry and same will be disposed by following due procedure.” 4. The above extract would indicate that the enquiry in response to the Representations of the Writ Petitioner dated 16.10.2024 and 17.12.2024 (Exs.P.1 & P.2 respectively) is in progress. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Respondent Authorities to complete the Enquiry and pass a Speaking Order in accordance with law within a period of six weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 5. Needless to state that the Official Respondents are statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner and the Unofficial 6. 3 Respondent No.4 herein, consider their submissions/objections and documents, if any, before passing the final order. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 7. 8. SD/- K. KASIRAO ACHARi ASSISTANT/REGISTRAR //TRUE COPY// TlCER SECTI To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The District Collector, Tirupati District, Tirupati 3. The Tahsildar, Tirupati Urban Mandal, Tirupati District 4. One CC to Smt. Sodum Anvesha, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:04/02/2025 ORDER WP.No.2472 of 2025 X 13 FEB 2025 B <5. ^Jj ^ Current Section %^ffSPATCV5^^ DISPOSING OF THE W.P. WITHOUT COSTS