M.Ramachandran v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30995 of 2015 M.Ramachandran ..

Petitioner Vs.

1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 9.

2.The District Collector, Villupuram District.

3.The Special Tahsildar, Adi Dravidar Welfare, Gingee, Villupuram District.

..

Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the third respondent herein to provide all the death benefits of the deceased M.Vasantha who was died on 30.03.2010 while she was in service working as Office Assistant in Government Girls Hostel, Gingee under the control of the third respondent herein in pursuance of the Succession Certificate in S.O.P.No.14 of 2011 dated 12.09.2011 granted by the Subordinate Judge, Chidambaram on considering the petitioner's representation dated 12.09.2011 within a stipulated period of time.

For Petitioner ..

Mr.B.Ganesha Moorthy For Respondents ..

Mr.V.Subbiah, Spl. Govt. Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that his father and mother died on 27.08.1989 and 13.02.2010 respectively leaving behind the legal heirs viz., M.Vasantha, petitioner, Ambika, Anjalatchi, M.Jayachandran and https://hcservices.ecourts.gov.in/hcservices/

M.Ravichandran and out of the legal heirs, Vasantha and Ambika are no more. The petitioner would state that his elder sister M.Vasantha was working as Office Assistant in Government Girls Hostel, Gingee, which comes under the control of the third respondent and she died in harness on 30.03.2010. According to the petitioner, his sister was a spinster and since the parents had predeceased her, the petitioner and his two brothers are the legal heirs and they also got the succession certificate in S.O.P.No.14 of 2011 on the file of the Court of Subordinate Judge, Chidambaram and based on the same, submitted representations to the respondents 2 and 3 praying for dispersal of terminal benefits and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the respondents 2 and 3 to take note of the order passed in S.O.P.No.14 of 2011 by the Court of Subordinate Judge, Chidambaram and pass orders on the representations submitted by the petitioner on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 9.

2.The District Collector, Villupuram District.

3.The Special Tahsildar, Adi Dravidar Welfare, Gingee, Villupuram District.

+1cc to Mr.B. Ganesa Moortyh, Counsel for the petitioner S.R.No.53404 +1cc to the Government Pleader, S.R.No.53728 VGI(CO) EU(15/10/2015) W.P.No.30995 of 2015 https://hcservices.ecourts.gov.in/hcservices/