S.Sasikumar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33817 of 2019 S.Sasikumar ... Petitioner -Vs1. The Secretary, Tamil Nadu Government,

2. The Secretary to Government, Department of Transport,

3. The Chief General Manager, Tamil Nadu Transport Corporation, Coimbatore Division, Coimbatore - 43.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 25.02.2019.

For Petitioner : Ms.Shoban Ramasubramanian For Respondents: Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for R1 & R2 Mr.P.Kannan Kumar for R3

ORDER

This writ petition has been filed for the issuance of writ of mandamus to direct the respondents to consider the representation made by the petitioner on 25.02.2019 wherein the petitioner has sought for certain amounts due and payable. 2.It is seen from records that the father of the petitioner was working as a Conductor in Tamil Nadu Transport Corporation, Coimbatore. While in service, he suffered from mental

unsoundness and mental instability and he was referred to the Medical Board which diagnosed that he is suffering from Chronic Schizophrenia. The petitioner's father was relieved from service in the year 1988. The petitioner was appointed as a guardian by the Principal District Judge, Coimbatore and in his capacity as a guardian, the petitioner made a representation to the authorities to settle the service benefits. The authorities also settled a sum of Rs.1,19,000/- in the year 2009. 3.It is the case of the petitioner that the father of the petitioner is entitled for other benefits and therefore repeated representations were made to the authorities to settle the same. Ultimately, the petitioner made a representation on 25.02.2019 to the respondents to settle the amounts due. Since, it did not evoke any reaction, the present writ petition has been filed seeking for appropriate directions.

4.Heard Ms.Shoban Ramasubramanian, learned counsel appearing on behalf of the petitioner, Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader appearing on behalf of the 1st & 2nd respondents and Mr.P.Kannan Kumar, learned counsel appearing on behalf of the 3rd respondent.

5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner dated 25.02.2019 and pass appropriate orders, strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

6.This writ petition is disposed of with the above direction. No Costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar ssr To

1. The Secretary, Tamil Nadu Government,

2. The Secretary to Government, Department of Transport,

3. The Chief General Manager, Tamil Nadu Transport Corporation, Coimbatore Division, Coimbatore - 43.

+1 cc to the Government Pleader sr 101672 +1 cc to M/s.B.Sumithra Advocate sr100927 +1 cc to Mr.P.Kannan Kumar Advocate sr101438 W.P.No.33817 of 2019 aa08/01/2020