T.Vijayalakshmi v. The Commissioner

2024:MHC:5692

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH T.Vijayalakshmi ... Petitioner Vs.

1. The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 600 003.

2. The Deputy Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 600 003.

3. The Joint Director, Home Department of Audit (Finance), Ripon Building, Chennai - 600 003.

4. The Account Officer, Pension Section, Public Department, Amma Maligai,

5. The Zonal Officer, Zone - 6, Greater Chennai Corporation, No. 158, Strahans Road, Otteri, Chennai - 600 012.

6. The Assistant Executive Engineer, Area - 17, Zone - 6, No. 53, Arunachalam Street, Kosapettai, Chennai - 600 012.

7. The Tahsildar, Purasaiwalkam Taluk Office, ... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned letter dated 05.06.2023 in U.Se.Po. Pa.17. Na.Ka. No.634 / 2021 sent by 6th respondent and to quash the same and consequently direct the respondents 1 to 6 to extent the pension and other death benefits of the deceased Thappatti Chinnaiya to the petitioner. For Petitioner : Mr. K.Senthilkumar For R1 to R6 : Mr. P.Prithvi Chopda, Standing Counsel For R7 : Mr. P.Ganesan, Government Advocate

O R D E R

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The Writ Petition has been filed challenging the impugned letter dated 05.06.2023 sent by 6th respondent and to direct the respondents 1 to 6 to extend the pension and other death benefits of the deceased Thappatti Chinnaiya to the petitioner. In this regard, the petitioner had given representations to the respondents on 14.12.2020, 22.11.2021 and 08.05.2023. Though the petitioner herein had sought for quashing the impugned order, the learned counsel for the petitioner has submitted that he would be satisfied if the petitioner's representations are considered within a stipulated time.

3. In view of the submissions made by the learned counsel for the petitioner, there shall be a direction to the respondents herein to consider the petitioner's representations dated 14.12.2020, 22.11.2021 and 08.05.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

4. With the above direction, the Writ Petition stands disposed of. No costs.

11.12.2023 Jeni Index : Yes / No Speaking order / Non-speaking order To

1. The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 600 003.

2. The Deputy Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 600 003.

3. The Joint Director, Home Department of Audit (Finance), Ripon Building, Chennai - 600 003.

4. The Account Officer, Pension Section, Public Department, Amma Maligai,

5. The Zonal Officer, Zone - 6, Greater Chennai Corporation, No. 158, Strahans Road, Otteri, Chennai - 600 012.

6. The Assistant Executive Engineer, Area - 17, Zone - 6, No. 53, Arunachalam Street, Kosapettai, Chennai - 600 012.

7. The Tahsildar, Purasaiwalkam Taluk Office,

M.S.RAMESH , J.

Jeni 11.12.2023