A.Amsaveni v. Kottakupam Municipality
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :30.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN A.Amsaveni ... Petitioner Vs.
Kottakupam Municipality, rep by its Executive Officer, Kottakuppam Town Panchyat, Vaanur Taluk Villupuram District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to take further action pursuant to the respondent's letter in Ref.No.Na.Ka.En.2439/2023/Ap1 dated 05.07.2024 to assess the mental disability of the petitioner's husband Mr.P.Annadurai, Sanitary Worker who has suffered mental disability during service, and pay his arrears of salary from 25.05.2023 and continue to provide all other service benefits to him, in accordance with Section 20(1),
(3) and (4) of the Rights of Persons with Disabilities Act, 2016. For Petitioner : Mr.R.Veeramani For Respondent : Mr.C.Selvaraj Additional Government Pleader
O R D E R
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The instant writ petition has been filed to direct the respondent to take further action pursuant to the respondent's letter in Ref.No.Na.Ka.En.2439/2023/Ap1 dated 05.07.2024 to assess the mental disability of the petitioner's husband Mr.P.Annadurai, Sanitary Worker who has suffered mental disability during service, and pay his arrears of salary from 25.05.2023 and continue to provide all other service benefits to him, in accordance with Section 20(1), (3) and (4) of the Rights of Persons with Disabilities Act, 2016.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.
3. Learned counsel for the petitioner would submit that her husband, Mr.Annadurai met with an accident. Therefore, he was not in a position to attend his duty. In this connection, the petitioner has sent a letter to the respondent and based on such letter, the respondent has addressed a communication dated 05.07.2024 to the District Medical Officer, Villupuram so as to constitute a Medical Board to assess the petitioner's husband mental disabilities. It is the contention of the petitioner that there is no such 2/5
designation viz., District Medical Officer in Villupuram District and letter must be addressed in the name of "The Dean, Government Medical College and Hospital, Mundiyamakkam, Villupuram." However, in respect of the request made by the petitioner, the respondent did not issue such letter. He further submitted that the condition of the petitioner's husband is really pathetic and it is only a small issue, for which, the respondent has driven the petitioner to this Court to get mandamus.
4. At this juncture, the learned Additional Government Pleader appearing for the respondent would submit that they will issue a corrected letter within a week.
5. In view of the above submissions, this Court directs the respondent to give a fresh letter to The Dean, Government Medical College and Hospital, Mundiyamakkam, Villupuram referring about the mental disability and requesting to examine the petitioner's husband by Medical Board and to give a certificate within a period of seven(7) days from the date of receipt of a copy of this order. If such request is received by the Dean, Government Medical College and Hospital, Mundiyamakkam, Villupuram, is directed to conduct the medical assessment within a further period of two(2) weeks and on receipt of the record from the Dean, Government Medical College and 3/5
Hospital, Mundiyamakkam, Villupuram, the respondent is directed to take further action in accordance with law, within a further period of two(2) weeks.
6. In the result, this writ petition is disposed of with the above direction. No costs.
30.07.2025 msv Index : Yes/No Speaking order /Non Speaking Order To The Executive Officer, Kottakupam Municipality, Kottakuppam Town Panchyat, Vaanur Taluk Villupuram District.
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C.KUMARAPPAN, J.
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