S.Vijaya v. The Chairman/ Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.23784 of 2025 S.Vijaya ... Petitioner Vs.

1. The Chairman/Managing Director, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2. The Secretary, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Cuddalore Distribution Circle/Capper Hills, CEDC, Capper Hills, Cuddalore - 607004.

4. The Executive Engineer, 1/6

5. The Assistant Engineer,

6. Maarimuthu ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to fourth respondents to disburse the terminal benefits and grant pensionary benefits due to the demise of the petitioner's husband viz., C.Soundarrajan by considering the petitioner's representation dated 11.04.2025. For Petitioner : Mr.K.Prabakaran For Respondents : Mr.P.Subramanian, Standing Counsel (for R1 to R5) *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a mandamus to direct the first to fourth respondents to disburse the terminal benefits and grant pensionary benefits due to the demise of the petitioner's husband, viz., C.Soundarrajan, by considering the petitioner's representation dated 11.04.2024.

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2. The learned counsel for the petitioner would submit that she and the said C.Soundarrajan married on 09.09.1996 and her husband was working in the office of the fourth and fifth respondents as Line Inspector, Panrutti Division. Subsequently, while the petitioner's husband was in service, he died on 10.01.2021. However, the sixth respondent is claiming to be the wife and objecting to settle the retirement benefits. Hence, the petitioner sent a legal notice dated 24.07.2024 to settle the terminal benefits.

3. At this juncture, the learned Standing Counsel appearing for the first to fifth respondents would submit that they have already sent a letter to the petitioner on 06.12.2021 asking her to submit a legal heirship certificate and it is yet to be submitted before them.

4. I have given my anxious consideration to the submissions made on either side.

5. Even from the submission made by the learned counsel for the petitioner, there is a factual dispute as to who is the legally wedded wife of 3/6

the deceased C.Soundarrajan, whether it is the petitioner or the sixth respondent, and apart from that, as rightly pointed out by the first to fifth respondents, it is the duty of the petitioner to prove who is the legally wedded wife by approaching an appropriate forum. In this case, when there is a factual dispute in respect of the petitioner's contention, the Writ Court cannot go into the same. In such view of the matter, this Court does not find any merit in the present Writ Petition.

6. Accordingly, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 17.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To 4/6

1. The Chairman/Managing Director, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2. The Secretary, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Cuddalore Distribution Circle/Capper Hills, CEDC, Capper Hills, Cuddalore - 607004.

4. The Executive Engineer,

5. The Assistant Engineer, 5/6

C.KUMARAPPAN, J.

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