Madras High CourtWP/29003/2015disposed of

E.Sathya v. The Commissioner

2015-09-15Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29003 of 2015 E.Sathya ... Petitioner Vs.

1 The Commissioner Chennai Corporation Rippon Buildings Chennai-3.

2 The Zonal Officer Zonal Officer No.10 No.117 N.S.K. Salai Kodambakkam Chennai-24 ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the petitioners representation dated 09.2.2015 seeking to pay the petitioner the terminal benefits of the petitioner deceased brother Karunanidhi.

For Petitioner : Mr.S.B.Viswanathan For Respondents : Mr.G.Anantha Rangan

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that her only brother namely C.Karunanidhi was working in the Health Department of the Corporation of Chennai and he died in harness on 10.08.2009 and according to her, her brother died as a bachelor and except her, there is no other surviving legal heirs and in this regard, submitted a representation dated 08.02.2015 to the respondents and though it was received and acknowledged on 12.02.2015, no orders have been passed and hence, came forward to file this writ petition.

3.The learned counsel appearing for the petitioner would submit that the Tahsildar, Mambalam-Guindy Taluk, Chennai 600 073 has also issued a legal heirship certificate dated 23.11.2009 in Ni.Mu.Ee.1.No./32161/2009 stating that the petitioner is the legal heir of the deceased Karunanidhi and hence there cannot be any impediment on the part of the respondent to settle the terminal https://hcservices.ecourts.gov.in/hcservices/

benefits in her favour and prays for appropriate orders. 4.Heard the submissions of Mr.S.B.Viswanathan, learned counsel appearing for the petitioner and Mr.G.Anantha Rangan, learned counsel who accepts notice on behalf of the respondents. 5.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's representation dated 09.02.2015 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar pri To 1 The Commissioner Chennai Corporation Rippon Buildings Chennai-3.

2 The Zonal Officer Zonal Officer No.10 No.117 N.S.K. Salai Kodambakkam Chennai-24 + 1 CC to Mr.S.B.Viswanathan, Advocate SR NO 50326 W.P.No.29003 of 2015 bur(co) pmk.6.10.2015 https://hcservices.ecourts.gov.in/hcservices/