Muthulakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2017
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P. No.26325 of 2017 and WMP No.27983 of 2017 Muthulakshmi Petitioner Vs.
1. The District Collector, Kancheepuram District, Kancheepuram
2. The Sub Collector, Maduranthagam Taluk, Maduranthagam, Kancheepuram District
3. The Tahsildar, Cheyyar Taluk, Cheyyar, Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider and pass orders on merits by disposing the representation of the petitioner dated 17.09.2017 within a stipulated time as fixed by this Court.
For Petitioner : Mr. C.Prakasam For Respondents : Mr. R.A.S.Senthilvel Additional Government Pleader
O R D E R
The petitioner, who is the wife of Muthuveerasamy Pillai has come to this Court seeking a Writ of Mandamus directing the respondents to consider and pass orders on her representation dated 17.09.2017, wherein the petitioner had requested for her husband's retiral benefits.
2. The learned counsel appearing for the petitioner would submit that the petitioner's husband while serving as Village Maniam in the year 1982 had retired from service. Further, after retirement, he has not been disbursed with retirement benefits, therefore, the petitioner's husband had approached Tamilnadu Administrative Tribunal by filing O.A.No.6363 of 1998 seeking
disbursement of retirement benefits. However, when the said application was pending, he was advised by the respondents to withdraw the same and on the false promise given by the respondents that his request for disbursement of retirement benefits would be considered, the petitioner's husband also withdrew the O.A.No.6363 of 1998 on 10.11.1999, thereafter, the respondents did not come forward to disburse the retiral benefits of the petitioner's husband. Therefore, the petitioner's husband has given a representation on 22.09.2000 to the respondents. Since no response is forthcoming, the petitioner has submitted another representation on 17.09.2017 to the respondents to disburse her husband's retiral benefits. However, there is no response from the respondents, hence, the petitioner has come forward with this writ petition.
3. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.
4. Admittedly, when the petitioner's husband has withdrawn his application in O.A.No.6363 of 1998 before the Tribunal on 10.11.1999 and submitted representation on 22.09.2000 to the respondents, it is not known why the petitioner has kept quiet for a period of 17 long years and submitted her representation on 17.09.2017 for the relief mentioned supra. Therefore, this Court is unable to entertain this Writ Petition, hence this Writ Petition is dismissed on the ground of laches. Consequently, connected miscellaneous petition is closed. No costs. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ssd To
1. The District Collector, Kancheepuram District, Kancheepuram
2. The Sub Collector, Maduranthagam Taluk, Maduranthagam, Kancheepuram District
3. The Tahsildar, Cheyyar Taluk, Cheyyar, Kancheepuram District +1 CC to Mr.C. Prakasam, Advocate sr 72756.
+1 Cc to The Govt. Pleader sr 72621.
W.P. No.26325 of 2017 and WMP No.27983 of 2017 NMI(CO) SP(10/11/2017)