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Madras High CourtWP/22967/2017disposed of

R.Murugan, S/O.Raman v. The Managing Director

2017-08-28Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22967 of 2017 R.Murugan ..Petitioner Vs 1.The Managing Director Tamil Nadu State Transport Corporation Villupuram Distrcit Villupuram.

2.The General Manager Tamil Nadu State Transport Corporation Villupuram District Villupuram.

.. Respondents PRAYER : Petitions filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent namely the General Manager, Tamil Nadu State Transport Corporation, Villupuram Division, Villupuram to include the names of the petitioner's wife sons and daughter namely 1.Mrs.Jayamala(wife) 2.Raghuvaran (son) 3.Indumathi (daughter) 4. Gandhi (son) respectively in the service register of the petitioner being maintained by the second respondent. For Petitioner : Mrs.T.Nithya For Respondents : Mr.A.Antony Arockiaya Raja

O R D E R

Though, the relief sought for in this writ petition is large in nature, the learned counsel appearing for the writ petitioner has restricted the prayer by stating that it would suffice if a direction is issued to the respondent/corporation to consider the representation submitted by the writ petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the writ petitioner states that the writ petitioner was working as a Driver in the Tamil Nadu State Transport Corporation, Villupuram Division II, Villupuram, and his first wife was bed ridden due to the disease of cancer and subsequently, died on 05.06.2014. Though, an another women namely, Jayamala was looking after the children and living along with the family of the writ petitioner, the marriage between the said Jayamala and the writ petitioner was registered only on 25.07.2017.

3. The learned counsel states that there was no illegality in the marriage and the marriage was registered only after the demise of his 1st wife and therefore, the case of the writ petitioner ought to have been considered for including the name of the second wife as nominee in the service register in this regard. The writ petitioner has submitted a representation to the second respondent on 25.07.2017.

4. Without going into the merits and de-merits of the case, the second respondent is directed to consider the representation made by the writ petitioner on 25.07.2017, and pass 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.

5. Accordingly, the writ petition stands disposed of. However no order as to costs.

Sd/- Assistant Registrar(CS-IV ) //True Copy// Sub Assistant Registrar dna To 1.The Managing Director Tamil Nadu State Transport Corporation Villupuram Distrcit, Villupuram.

2.The General Manager Tamil Nadu State Transport Corporation Villupuram District,Villupuram.

+ 1 cc to Mr.Antony Arockiaya Raja, Advocate Sr.61573 + 1 cc to Mr.A.G. Rajan, Advocate SR.61561 W.P.No.22967 of 2017 CS-IV EU(18/09/2017) https://hcservices.ecourts.gov.in/hcservices/