Anbarasan v. The State Of Tamil Nadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Anbarasan
...Petitioner
Vs.
1.
The State of Tamil Nadu, Rep. by Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai.
2.
The District Collector, Kancheepuram District.
3.
The General Manager, Tamilnadu State Transport Corporation Ltd., Salamedu, Villupuram District.
4.
The Covid-19 Death Ascertaining Committee/ District Revenue Officer, Kancheepuram District.
5.
The Branch Manager, Tamilnadu State Transport Corporation Limited, Kancheepuram, Kancheepuram District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 19.09.2022 consequently direct the respondents to 1/7
disburse the petitioner father's covid 19 death benefits. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.E.Veda Bagath Singh, Spl.GP
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider petitioner's representation dated 19.09.2022 and to consequently disburse the Covid-19 death benefits of the petitioner's father.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader, takes notice for the respondents . In view of the consent expressed by the Learned counsel on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner's father namely Sankaran worked in the 3rd respondent Corporation as Special Grade Driver and he was the only breadwinner of the family. While so, during the Covid19 Pandemic, the petitioner's father was compelled to work as driver in the respondent's office and while he was on duty, he succumbed to Covid-19 infection, leaving behind the petitioner, his brother and his mother. Pursuant 2/7
to the death of the petitioner's father, the 4th respondent issued Death certificate dated 09.02.2022 and the Tahsildar, Kancheepuram had issued legal heirship certificate of the deceased Sankaran. Though the petitioner's father died on 17.09.2020 and the petitioner has submitted all the relevant documents as demanded by the respondents, however, the respondents have not considered the petitioner's representations dated 15.03.2022 and 19.09.2022, requesting release of Rs.25,00,000/- Chief Minister General fund as assured by the Government and till date, no orders have been passed on the said representations. Hence, this Writ petition.
4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 19.09.2022 and release the sum of Rs.25,00,000/- from the Chief Minister General fund as assured by the Government for the death of the petitioner's father due to Covid-19, as expeditiously as possible.
5. Learned Special Government Pleader appearing for the respondents submitted that appropriate orders will be passed on the petitioner's 3/7
representation dated 19.09.2022 within the time stipulated by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 19.09.2022 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. This Writ petition is accordingly disposed of. No costs. 21.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No 4/7
To 1.
The State of Tamil Nadu, Rep. by Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai.
2.
The District Collector, Kancheepuram District.
3.
The General Manager, Tamilnadu State Transport Corporation Ltd., Salamedu, Villupuram District.
4.
The Covid-19 Death Ascertaining Committee/ District Revenue Officer, Kancheepuram District.
5.
The Branch Manager, Tamilnadu State Transport Corporation Limited, Kancheepuram, Kancheepuram District.
5/7
M.DHANDAPANI., J.
skt 6/7
21.03.2023 7/7