Monica v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Monica ... Petitioner Vs.

1.The Collector, Ranipet District Collectorate, Ranipet.

2.The District Education Officer, Muthukadai, Ranipet District - 632 401.

3.V.Rajendran ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondent to disburse the Gratuity amount of petitioner's deceased mother to the petitioner's Bank Account without NOC from the 3rd respondent. 1/5

For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 Mrs.S.Mythreye Chandru Special Government Pleader for R2 No Appearance for R3 *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the 1st and 2nd respondents to disburse the Gratuity amount of petitioner's, deceased mother, to the petitioner's Bank Account without NOC from the 3rd respondent.

2. The learned counsel for the petitioner would submit that the petitioner's mother passed away on 20.01.2025, and that the petitioner and the third respondent are the only legal heirs, being the daughter and husband of the deceased petitioner.

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3. The learned counsel for the petitioner would further submit that in the gratuity records, the petitioner's name is registered as a nominee. Therefore, the petitioner contends that she is entitled to receive the entire gratuity amount.

4. This factum was strongly objected by the learned Special Government Pleader, and she would submit that the nominee is only a trustee on behalf of the other legal heirs, and that the third respondent, being a class I legal heir, is entitled to have a share in the gratuity.

5. The learned Special Government Pleader would further submit that the issue is entirely a civil dispute between the father and the daughter, and therefore, the dispute can only be resolved in a Civil Court by filing an appropriate suit. I am in full agreement with the above submissions. Accordingly, I do not find any merits in this writ petition. 3/5

6. In the result, this Writ Petition is dismissed. No costs. 03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Collector, Ranipet District Collectorate, Ranipet.

2.The District Education Officer, Muthukadai, Ranipet District - 632 401.

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C.KUMARAPPAN, J.

jas 03.06.2025 5/5