K.Pushpavathi v. Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.3356 of 2021 K.Pushpavathi ... Petitioner Vs.
1.
The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9.
2.
The Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
The District Collector, Collectorate, Villupuram District, @ Villupuram - 605 602.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st Respondent herein to consider and pass orders on the Petitioner's representation dated 13.03.2020 given for disbursing all the retirement benefits due to her husband (Late) K.Kannikeswaran with interest of 10% from 31.10.2020 till the date of actual payment, within the time stipulated by this Court.
For Petitioner :
Mr.Ravi Shanmugam For Respondents :
Mr.J.Pothiraj, Special Government Pleader
O R D E R
Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent herein to consider and pass orders on her representation dated 13.03.2020 seeking to disburse all the retirement benefits due to her husband (Late) K.Kannikeswaran with interest at 10% from 31.10.2020 till the date of actual payment.
2.
Heard the learned counsel on either side and perused the material documents available on record.
In view of the limited relief sought for by the Petitioner, this Court directs the 1st Respondent herein to consider the Petitioner's representation dated 13.03.2020 after affording an opportunity of personal hearing to the Petitioner either physically or virtually and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 4.
The Petitioner shall furnish her phone number, Email ID, if any, etc., along with a copy of the representation dated 13.03.2020 and a copy of this order to the 1st Respondent, forthwith. The 1st Respondent is directed to communicate the decision taken on the representation, to the Petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court. 5.
It is made clear that, if the Petitioner does not appear before the Respondents either physically or virtually, appropriate orders may be passed without hearing him. With the above direction, the Writ Petition stands disposed of. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar (aeb) To:
1.
The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9.
2.
The Commissioner of Revenue Administration, Chepauk, Chennai 600 005.
The District Collector, Collectorate, Villupuram District, @ Villupuram - 605 602.
+1 CC to The Government Pleader sr 9894.
W.P.No.3356 of 2021 PMK(CO) SP(17/03/2021)