Smt. D.Ellamal, v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31088 of 2019 Smt. D. Ellamal ... Petitioner -Vs1. State of Tamil Nadu Rep by its the Principal Secretary Department of Revenue Administration Fort St. George, Chennai - 600 009.

2. The District Collector Kanchipuram District Kanchipuram.

3. The Tahsildar Tambaram Taluk Chennai - 600 045.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Third Respondent to issue the death certificate of my husband Mr. M.Dakshinamurthy and legal certificate as prayed in the petitioner's representation dated 22.07.2019 within a time frame. For Petitioner :

Mr. M.Palanimuthu For Respondents:

Mr. M. Karthikeyan Additional Government Pleader

O R D E R

Heard Mr. M. Palanimuthu, Learned Counsel for the Petitioner and Mr. M. Karthikeyan, Learned Additional Government Pleader appearing on behalf of the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The husband of the Petitioner, viz., M. Dhakshinamurthy, was working as Belder in the International Airports Authority of India and was missing from 24.11.1977 onwards and according to the Petitioner, his whereabouts were not known thereafter. The Petitioner was given employment by the International Airports 1/2 https://hcservices.ecourts.gov.in/hcservices/

Authority of India in Madras as sweeper from 24.08.1978, and she retired from service on attaining age of superannuation on 30.04.2016. According to the Learned Counsel for the Petitioner, the grievance of the Petitioner now is that for the purpose of settlement of her terminal benefits, her employer has required her to produce the Death Certificate and Legal Heirship Certificate of the said M. Dhakshinamurthy.

3.

When it is pointed out that the Petitioner could make representation to her employer to settle her terminal benefits without requiring the production of Death Certificate and Legal Heirship Certificate for M. Dhakshinamurthy, who has been missing from 24.11.1977 onwards, and in the event of its refusal, the Petitioner could work out her remedies for necessary relief before the competent forum in the manner recognized by law, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to resort to the same. He has also made an endorsement to that effect, which is recorded. 4.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Principal Secretary Department of Revenue Administration Fort St. George, Chennai - 600 009.

2. The District Collector Kanchipuram District Kanchipuram.

3. The Tahsildar Tambaram Taluk Chennai - 600 045.

+1cc to Government Pleader SR.NO. 92452 +1cc to Mr. M.Palanimuthu, Advocate sr.91376 W.P. No. 31088 of 2019 vd(co) nr 08/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/