Excerpt
A single-judge bench of Justice M. Venkata Ramana gave orders on the Writ Petition no. 7803 of 2021. The Writ Petition has been filed by the Petitioner challenging the actions of the 3rd Respondent- Tahsildar, of rejecting the application made by the Petitioner for the issuance of a family membership certificate on the grounds that the Petitioner failed to produce proper documents.
Facts
In this case, the Petitioner after the demise of her husband, who was working as a P.H. worker in the Visakhapatnam Municipal Corporation, to meet the ends of their family, approached the office of the 3rd Respondent-Tahsildar, to issue a family membership certificate. The deceased husband of the Petitioner had also given details of their family, which were incorporated in the service book. But the 3rd Respondent rejected the application made by the Petitioner on the grounds that the proper documents are not produced before him. Aggrieved by this behaviour of the 3rd Respondent, the Petitioner approached the court by filing Writ Petition and seeking directions against the Respondent.
Arguments Advanced
The learned counsel appearing for the Petitioner submitted before the court that the deceased husband of the Petitioner had already provided all the details of the family members to the 3rd Respondent and the information provided is incorporated in the service book.
The learned Assistant Government Pleader appearing for the Respondents submitted before the court that the documents provided by the Petitioner were not proper and based on those improper documents the family membership certificate cannot be issued to the Petitioner.
Court’s Analysis
The court is of the opinion that the Tahsildar cannot expect family members to produce the documents to his satisfaction and when there is a document recorded by the competent authorities in the service book. There cannot be a better material for the 3rd respondent-Tahsildar to rely on and it could not have been difficult for the Respondent to issue the family membership certificate. If there is any dispute between the Petitioner and others, they will approach the civil court for necessary relief and it is not for the 3rd respondent- Tahsildar to consider.
Court’s Decision
The 3rd Respondent-Tahsildar is directed to once again consider the application of the Petitioner in proper perspective with respect to the entries of the service register of the deceased husband. The 3rd Respondent shall consider issuing a family membership certificate to the Petitioner, after due enquiry. The Petitioner is directed to produce the attested copy of the service register before the 3rd Respondent. The enquiry for the issuance of the family membership certificate shall be completed within the period of three weeks from the date of the receipt of the copy of this order. Any application pending shall stand closed and no orders as to costs.
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