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Madras High CourtWP/272/2025disposed of

Pappal v. The District Collector

2025-01-31Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.Nos.309 and 311 of 2025

1. Pappal

2. G.Gowri Shankar ... Petitioners Vs

1. The District Collector, Collectorate, Krishnagiri District

2. The Director, General Health Department, No.3051, D.M.S Complex, Teynampet, Chennai - 600 006.

3. The Joint Director, General Health Department Building, Near R.T.O Office, Behind District Collector Office Krishnagiri District.

4. The District Health Officer, The District Health Centre, Krishnagiri.

...Respondents

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Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in proceeding Na.Ka.No.5163/A3/2002 dated 18.04.2022 and the subsequent order of 4th respondent in proceeding Na.Ka.No.5167/A3/2002 dated 19.11.2024 directing the petitioners to get succession certificate once again from this Court and quash the same and directing the respondents to release the death benefits of 1st petitioner deceased husband Gopalan, to the 1st petitioenr and to give compassionate appointment to son Gowrishankar 2nd petitioner herein and other dues for their livelihood.

For Petitioners : Mr.R.Meenakshi For Respondents : Mr.M.Bindran Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in proceeding 2/6

Na.Ka.No.5163/A3/2002 dated 18.04.2022 and the subsequent order of 4th respondent in proceeding Na.Ka.No.5167/A3/2002 dated 19.11.2024 directing the petitioners to get succession certificate once again from this Court and quash the same by directing the respondents to release the death benefits of 1st petitioner deceased husband Gopalan, to the 1st petitioner and to give compassionate appointment to son Gowri Shankar, 2nd petitioner herein and other dues for their livelihood.

2. According to the petitioners, the 1st petitioner is the legally wedded wife of M.Gopalan, who was working as Health Inspector Grade-I in the Primary Health Centre at Anjatti Village and died on 10.04.2008 while in service. Due to some misunderstanding between the 1st petitioner and her husband, she was living separately at Denkanikottai Housing Board, Krishnagiri District and faced heavy struggles to bring up her son, viz., 2nd petitioner. Further, along with legal heirship certificate issued by the Tahsildar, Palladam, the petitioners have submitted a representation on 01.04.2013 seeking compassionate appointment and death benefits of the deceased. The 3rd respondent directed the petitioners to seek succession certificate from the Court and 3/6

the same was received on 30.01.2019, however, the 3rd respondent informed that, in the service records of petitioner's husband, the name of G.Saranya has been mentioned as legal heirs. The 3rd respondent issued another letter on 19.11.2024 without considering the succession certificate issued by the Sub Court, Palladam, showing the permanent address of the 1st petitioner and her husband is one and same, directed the petitioners to get a fresh succession certificate once again from this Court. Hence, this writ petition.

3. It is seen from the records that, as stated by the petitioner in his affidavit, the succession certificate has already been issued to the petitioners by the Learned Sub Judge at Palladam. Despite the same, the the respondent has directed them to obtain succession certificate from this Court.

4. In view of the above, there shall be a direction to the respondents to release the death benefits of the 1st petitioner's husband, within a period of eight weeks from the date of receipt of a copy of this order.

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5. Accordingly, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 31.01.2025 raja Index : Yes/No Internet: Yes / No Speaking order : Yes/No To

1. The District Collector, Collectorate, Krishnagiri District

2. The Director, General Health Department, No.3051, D.M.S Complex, Teynampet, Chennai - 600 006.

3. The Joint Director, General Health Department Building, Near R.T.O Office, Behind District Collector Office Krishnagiri District.

4. The District Health Officer, The District Health Centre, Krishnagiri.

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V.BHAVANI SUBBAROYAN, J.

raja 31.01.2025 6/6