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Madras High CourtWP/29845/2025disposed of

A.Rathinam v. The Chief Educational Officer

2025-08-08Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN A.Rathinam ... Petitioner Vs.

1.The Chief Educational Officer, Dharmapuri District, Dharmapuri.

2.The District Educational Officer, Harur, Dharmapuri District.

3.The Headmaster, Government Higher Secondary School, Ramiyanahalli, Dharmapuri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to disburse 50% of the terminal benefits of Late Mr.Nagalingam in favour of the Petitioner, based on the Legal Heir Certificate No.TN-7202312112566 dated 02.01.2024, without insisting upon a No Objection Certificate from the 1/6

Petitioner's brother, Mr.Ramalingam.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.S.Prabhakaran Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to disburse 50% of the terminal benefits of Late Mr.Nagalingam in favour of the Petitioner, based on the Legal Heir Certificate No.TN-7202312112566 dated 02.01.2024, without insisting upon a No Objection Certificate from the Petitioner's brother, Mr.Ramalingam.

3. Heard the learned counsel for both sides and perused the materials 2/6

available on record.

4. The learned counsel for the petitioner would submit that the petitioner's brother was serving as the Graduate Teacher in the 3rd Respondent-School and he died on 02.11.2018 while he was service. It is the submission of the petitioner that the petitioner and her brother alone are the only legal heirs to succeed the estate of the deceased brother-Nagalingam. Hence, the petitioner had sent a representation on 15.04.2025 to settle the terminal benefits and such representation is pending with the respondents.

5. At this juncture, the learned Government Advocate appearing for the respondents would submit that they will consider the petitioner's representation according to it's own merits and in accordance with law, within a reasonable time.

6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 15.04.2025 and pass orders on it's own merits and in accordance with law, within a period of eight weeks 3/6

from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 08.08.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Chief Educational Officer, Dharmapuri District, Dharmapuri.

2.The District Educational Officer, Harur, Dharmapuri District.

3.The Headmaster, Government Higher Secondary School, Ramiyanahalli, Dharmapuri District.

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C.KUMARAPPAN, J.

dm 08.08.2025 6/6