Chenchamma @ Chittamma v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.5928 OF 2022 Chenchamma @ Chittamma
...Petitioner
Vs.
1.The Greater Chennai Corporation Rep. by its Commissioner, Rippon Building, Chennai-600 003.
2.The Zonal Officer, Zone-IV Corporation of Chennai, Tondiarpet, Chennai-600 081.
3.State of Tamil Nadu Rep. by its Secretary, Municipal Administration and Water Supply Dept., Fort St.George, Chennai-600 009.
4.Babu 5.Sussila 6.Antony Doss
...Respondents
Prayer :
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the 1st, 2nd, and 3rd respondents to dispose the consider the petitioner's representation dated 17.07.2021 in accordance with law and consequently to pay the Gratuity, Family Pension Arrears, Family Pension, G.P.F., S.G.P.F., Surrender Leave, Earned Leave Pay Commission Arrears with 18% interest to the legal heir of deceased Thirupal petitioner.
For Petitioner :
Mr.N.Beulah John Selvaraj For Respondent :
Mr.M.Ganesan Corporation for RR1 & R2 Mr.S.Prabhakaran, Government Advocate for R3
O R D E R
According to the petitioner, the husband of the petitioner viz., B.Thirupal was working as Sweeper in the respondent Corporation, died on 8.8.1998 while he was in service. Three children were born to the petitioner. The deceased Thirupal also married one Swpackkiyam and she had five children. There is a rival claim arise between the petitioner and the said Sowpackkiyam. Therefore, the petitioner has approached Civil Court and obtained Succession Certificate and submitted representation to the second respondent on 17.7.2021 along with relevant documents. However, there was no response from the respondents. Therefore, the petitioner has filed the instant writ petition seeking direction to the respondents to consider the representation and pass appropriate orders for settlement of Gratuity, Family Pension, Arrears, Family Pension, G.P.F., S.G.P.F. Surrender Leave, Earned Leave, Pay Commission Arrears with 18% interest to the legal heir of deceased Thirupal petitioner.
2. The learned Standing Counsel appearing for the petitioner submitted that the said representation will be considered and appropriate orders will be passed by the respondent.
3. Having regard to the said submissions of the parties and in order to meet the ends of justice, this Court is inclined to direct the second respondent to consider the petitioner's representation, dated 17.07.2021 and pass appropriate orders on merit and in accordance with law, as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of copy of the order, after giving opportunities to the aggrieved parties. The petitioner may also enclose the copy of the representation addressed to the respondent along with the copy of the order.
4. With the above directions, the writ petition stands disposed of No costs.
Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar vaan To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.
2.The Zonal Officer, Zone-IV Corporation of Chennai, Tondiarpet, Chennai-600 081.
3.The Secretary, State of Tamil Nadu, Municipal Administration and Water Supply Dept., Fort St.George, Chennai-600 009.
+1cc to Mr.M.Ganesan, Advocate, Sr.No.22179 +1cc to Mr.N.Beulah John Selvaraj, Advocate, Sr.No.21645 +1cc to the Government Pleader, Sr.No.21724 W.P.No.5928 of 2022 PL(CO) RVM(07/04/2022)