Rani Panchanathan v. Senior Divisional Personal Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.12114 of 2022 and WMP No.11549 of 2022 Rani Panchanathan ... Petitioner Vs

1. Senior Divisional Personal Officer, Chennai Division, Southern Railways, Chennai 600 003.

2. Senior Section Engineer, SSE/P.Way/O/TVT, Thiruvotriyur, Chennai.

3. L.Jesintha Marry.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the first respondent to consider and pass appropriate orders on the representation of the petitioner, dated 25.04.2022, relating to the extension of stay in the residential quarters at No.357/E, 4th street, Railway Colony, Ayanavaram, Chennai-23, in accordance with law and merits, within such period as may be fixed by this court.

For Petitioner : Mr.B.Divakaran For Respondents : Mr.Avinash, Kushinan for respondents 1 and 2 Mr.U.Sriram for third respondent

ORDER

The writ petition is filed seeking a direction to the first respondent to consider the representation of the petitioner dated 25.04.2022 relating to the extension of stay in the residential quarters at No.357/E, 4th street, Railway Colony, Ayanavaram, Chennai-23, in accordance with law, within a time fixed by this Court.

2. When the writ petition is taken up for hearing, the learned counsel for the petitioner submits that now, the petitioner is not staying in the official quarters allotted to her deceased son and therefore, the petitioner is not interested in pressing the original prayer in the writ petition. The learned counsel, however, submits that the petitioner is entitled to get the retirement benefits payable to the legal heirs of the deceased employee in her capacity as one of the legal heirs. Therefore, the respondents may be directed to consider the request of the petitioner

regarding her entitlement to get the retirements benefits.

3. In view of the above, it is open to the petitioner to file a fresh representation before the first respondent, seeking payment of retirement benefit and if any such representation is received from the petitioner, the same shall be considered by the first respondent and orders shall be passed in accordance with law, within a period of six weeks from the date of receipt of the copy of the representation. 4.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

28.01.2025 Index:Yes/No Internet:Yes/No mst

To

1. Senior Divisional Personal Officer, Chennai Division, Southern Railways, Chennai 600 003.

2. Senior Section Engineer, SSE/P.Way/O/TVT, Thiruvotriyur, Chennai.

S.SOUNTHAR, J.

mst 28.01.2025