S.Seetha v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.11.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.15241 of 2020 (Heard Through VC) S.Seetha ..Petitioner Vs.
1.
The Deputy Commissioner of Police, Traffic (East), Anna Salai, Chennai - 2.
2.
The Sub Inspector of Police, Traffic Investigation Wing, Adyar, Chennai East.
3.
The Revenue Divisional Officer, Office of the Revenue Divisional Office, Guindy, Chennai - 600 053 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to implement the proceedings Proc: Rc.No.1042/DCT(E)/Camp/2012, Dated 19.10.2019 of the first respondent, Vide petitioner's representation dated 21.09.2020. For Petitioner : Mr.AR.M.Arunachalam For Respondents : Mr.V.Shanmugasundar Spl.Govt.Pleader
ORDER
The petitioner seeks a mandamus, directing the third respondent to implement the proceedings of the first respondent dated 19.10.2019 in Rc.No.1042/DCT(E)/Camp/2012.
2. It is the case of the petitioner that she got married to one S.Selvaraj on 16.11.2007 and they were blessed with two children. The petitioner's husband was having a Bike Mechanic Shop and doing business in the same and she is employed in a Private School at Chennai. On 25.06.2018 at 7.30.p.m, the petitioner's husband, while returning from his work to home in a motor cycle, bearing registration No.TN 09 AW 2044, hit the compound wall of a building and got himself severely injured and
he died. It is further stated that the kith and kin of the deceased are entitled to the benefits under the Chief Minister's Accident Relief Fund, as per G.O.Ms.No.49, Home (Tr.IV/Dep), dated 09.01.2012. Thereafter, the first respondent-Police, vide his communication in Rc.No.1042-/DCT(E)/Camp/2012, dated 19.10.2019, sent to the third respondent recommended a batch of persons entitled to the said benefits under the said G.O. In the said letter, the petitioner finds her name figuring in Sl.No.17 and was assigned the Common No.495 of 2018 with Crime No.J2.Cr.No.295/AM2/2018 and a sum of Rs.1,00,000/- was recommended to be paid to her. However, the petitioner did not hear anything from the Office of the third respondent.
The petitioner is under severe financial stress and on account of the loss of her husband, she feels extremely difficult to make both ends meet. In this regard, the petitioner sent a representation to the third respondent on 21.09.2020, requesting him to disburse the death benefits of her husband as per the proceedings of the first respondent. Though the said representation was received by the third respondent on 30.09.2020, till date, there is no progress. Hence, the petitioner has filed this Writ Petition seeking for the relief stated supra.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
4. The learned counsel for the petitioner submitted that the complaint of the petitioner is that the said amount did not reach her, though the said order was passed by the third respondent as early as on 19.10.2019.
5. The learned Special Government pleader appearing on behalf of the respondents submitted that after filing of the Writ Petition, the said amount of Rs.1 lakh was disbursed to the petitioner, vide proceedings in Na.Ka.A2/293/2020 dated 23.10.2020, by way of cheque, bearing No.000673 dated 23.10.2020 drawn on Indian Overseas Bank, Dr.M.G.R.Medical University Branch and the said cheque is also said to have been sent to the petitioner through Registered Post with Acknowledgment Due and the petitioner also seems to have received the same.
6. Recording the same, the Writ Petition is closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar srn
To 1.
The Deputy Commissioner of Police, Traffic (East), Anna Salai, Chennai - 2.
2.
The Sub Inspector of Police, Traffic Investigation Wing, Adyar, Chennai East.
3.
The Revenue Divisional Officer, Office of the Revenue Divisional Office, Guindy, Chennai - 600 053 +1cc to Mr.AR.M.Arunachalam, Advocate, S.R.No.37054 W.P.No.15241 of 2020 UM(CO) KKV/21/12/2020