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Madras High CourtWP/9302/2023disposed of

Latha Devi v. The Commissioner

2023-03-27Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Writ Petition No.9302 of 2023

1. Latha Devi

2. Gomathy

3. Vimala ... Petitioner

Versus

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Superintendent Engineer, Greater Chennai Corporation, Mechanical Engineering Dept. Southern Depot.

Ripon Building, Chennai - 600 003.

3. The Assistant Executive Engineer, Greater Chennai Corporation, Mechanical Engineering Department, No.19, Adithanar Salai, Pudupet, Chennai - 600 002.

4. R.Raichandran alias Lal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct enquiry and initiate action on the petitioners' representation dated 24.12.2022 within the time stipulated by this Court.

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For Petitioners : No appearance For RR1 to 3 : Mr.S.Gopinathan, Panel Advocate

ORDER

The Writ Petition has been filed in the nature of Writ of Mandamus to direct the respondents to conduct enquiry and initiate action on the petitioners' representation dated 24.12.2022 within the time stipulated by this Court.

2. The case of the petitioner in brief:

The petitioners' father namely R.Ravichandran was employed in the respondent Corporation and he retired as Mechanical Assistant in the year 2022 from the 2nd respondent office. The petitioners' father instead of mentioning his spouse name viz., Sahayam in his service register had mentioned the name of one Pushpa with whom he had extra marital relationship. The petitioners' mother namely Sahayam died on 20.01.2017. The petitioners' father did not take care of the petitioners' from their childhood and he did not even contribute anything to the welfare of the petitioners' till date. Now the petitioners' 2/5

father has received a huge amount from the respondent Corporation towards his retirement benefits. The petitioners' are the lawful legal heirs of the said Ravichandran and they are entitled for getting share from his retirement benefits and family pension. The respondent Corporation has not initiated any action against the father of the petitioners' for his wrong declaration of his spouse name in his service records. The petitioners' made a representation dated 24.12.2022 to the respondent Corporation, seeking for taking necessary action. However, since no action was taken on the part of the respondent Corporation till date, the petitioners' are constrained to file this present Writ Petition before this Court.

3. The learned Panel Advocate appearing for the respondents submitted that the representation given by the petitioners' would be considered by the authorities concerned and appropriate orders would be passed on its own merits.

4. In view of the above, the respondent Corporation are directed to consider the petitioners' representation dated 24.12.2022 and pass appropriate orders on its own merits and in accordance with law, as 3/5

early as possible, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No order as to costs.

27.03.2023 (1/2) ssi Index : Yes/No Internet : Yes/No To:

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Superintendent Engineer, Greater Chennai Corporation, Mechanical Engineering Dept. Southern Depot.

Ripon Building, Chennai - 600 003.

3. The Assistant Executive Engineer, Greater Chennai Corporation, Mechanical Engineering Department, No.19, Adithanar Salai, Pudupet, Chennai - 600 002.

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V.BHAVANI SUBBAROYAN,J.

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