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Madras High CourtWP/34843/2022disposed of

P.Amsaveni v. The Chairman

2023-01-02Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.01.2023 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE P.Amsaveni ... Petitioner Vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

2. The Superintendent Engineer, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai - 4.

3. Visalakshi

4. Jayakrishnan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representations dated 02.08.2021, 06.07.2022 and 01.11.2022 made by the petitioner within a time frame as may be fixed by this Court. For Petitioner : Mr.T.Shanmugam For Respondents : Mr.K.Rajkumar, 1 and 2 Standing Counsel

ORDER

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By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to consider the representations dated 02.08.2021, 06.07.2022 and 01.11.2022 made by the petitioner, within a time frame to be fixed by this Court.

3.The grievance of the petitioner in this writ petition is that the monetary benefits payable to S.P.Senthilnathan, the son of the petitioner, who died while in service, has not been paid till date. The petitioner is the mother, the third respondent is the wife of S.P.Senthilnathan and the fourth respondent is his son. There seems to be rival claims as seen from the affidavit filed in support of this writ petition for the monetary benefits payable to S.P.Senthilnathan, who died on 27.12.2020. Till date, the monetary benefits payable to him have not been paid due to the rival claims. 4.Heard Mr.T.Shanmugam, learned counsel for the petitioner and 2/4

Mr.K.Rajkumar, learned Standing Counsel, who accepts notice on behalf of the respondents 1 and 2.

5.No prejudice would be caused to the respondents if the representations of the petitioner dated 02.08.2021, 06.07.2022 and 01.11.2022, which have been enclosed along with this writ petition, are considered, on merits and in accordance with law, after giving due notice to the rival claimants, namely, respondents 3 and 4. Since no adverse orders are passed against the respondents 3 and 4 in this writ petition, notice to the respondents 3 and 4 are dispensed with.

6.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the petitioner's representations dated 02.08.2021, 06.07.2022 and 01.11.2022 seeking for payment of monetary benefits payable to the deceased S.P.Senthilnathan (son of the petitioner), after giving due notice to the respondents 3 and 4, 3/4

ABDUL QUDDHOSE, J vga within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this writ petition is disposed of. No costs.

02.01.2023 vga Index:Yes/No To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

2.The Superintendent Engineer, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai - 4.

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