Madras High CourtWP/1196/2022disposed of

M.Ashwini v. The Superintendent Of Police

2024-04-12Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKARAVARTHY M.Ashwini ... Petitioner -vsThe Superintendent of Police Vellore Superintendent Office Vellore District.

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Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the respondent to consider orders on the application dated 09.01.2020 submitted by the petitioner and followed by her reminder dated 16.09.2021 in accordance with law within time frame as may be fixed by this Court.

For Petitioner :

No appearance For Respondent :

Mr. C.Jayaprakash, GA

O R D E R

This writ petition is filed with a prayer to consider the representation of the petitioner dated 09.01.2020 followed by her reminder dated 16.09.2021. 1/4

2. The case of the petitioner is that the petitioner's father K.Mahalingam was working as Inspector of Police and he died while in service on 01.01.2020. During his life time, the said Mahalingam married the petitioner's mother Vasantha with the consent of his first wife. After the death of the said Mahalingam, there arose dispute between the two families.

3. It is the case of the petitioner that the first wife as well as her children are very well placed. Therefore, the petitioner had made a representation for disbursal of terminal benefits on compassionate basis. The legal heirs of first wife had filed W.P. No. 19562 of 2021 and had obtained orders and the same will not be binding on the petitioner. Therefore, the petitioner seeks disposal of the representation in this writ petition.

4. It can be seen that the dispute is of civil in nature between the two class claiming to be the legal heirs. The same can be resolved only through jurisdictional civil court. The petitioner has not even added other contesting parties as respondent in the writ petition.

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5. In view thereof, no relief can be granted in the present writ petition. It is for the petitioner to approach for appropriate civil court for redressing her grievance. With the above directions, the writ petition is disposed. No costs. 12.04.2024 Index: Yes/No NCS: Yes/No Speaking order /Non-speaking order Maya To The Superintendent of Police Vellore Superintendent Office Vellore District.

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D.BHARATHA CHAKARAVARTHY, J.

Maya 12.04.2024 4/4