A.Manjula Devi v. Teh District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.51462 of 2025 A.Manjula Devi ... Petitioner Vs.
1.The District Collector, Salem District -636 001.
2.The Superintendent, Central Prison, Hasthampatty, Salem-636 007.
3.The Accountant General, State Accountant, Anna Salai, Chennai-8.
4.Lowernciya ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to forthwith disburse 70% of all death-cum-retirement benefits of late T.Moses Sampathkumar as Assistant Jailor, Central Prison, Salem, to the petitioner herein in accordance with the Compromise Decree dated
11.01.2023 passed in O.S.No.202 of 2022, on the file of the Principal District Munsif, Salem.
For Petitioner :
Mr.A.Dipthi Munoth For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 and R2 Mr.P.Manorajan for R3
O R D E R
This Writ Petition has been filed to direct the respondents 1 to 3 to forthwith disburse 70% of all death-cum-retirement benefits of late T.Moses Sampathkumar, who was working as Assistant Jailor, Central Prison, Salem, to the petitioner herein in accordance with the Compromise Decree dated 11.01.2023 passed in O.S.No.202 of 2022, on the file of the Principal District Munsif, Salem.
2. The petitioner is the second wife of late T.Moses Sampathkumar who was working as Assistant Jailor. She claimed the terminal benefits of late her husband which was contested by the fourth respondent herein who was the first wife of the deceased employee and her name was entered in the official records. Therefore, the petitioner filed a civil suit to establish her status of legal heir in O.S.No.202 of 2022. Subsequently, the petitioner and
the fourth respondent agreed to settle the disputes amicably and thereafter, a Joint Compromise was entered into between them and the suit was decreed in terms of such compromise dated 11.01.2023. Thereafter, the petitioner has given multiple representations seeking expeditious implementation of the said decree and disbursement of 70% of the death cum retirement benefits to her. However, the same has not been acted upon. Therefore, the petitioner was constrained to approach this Court seeking the aforesaid direction.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents 1 to 3 are directed to dispose of the representation of the petitioner, dated 28.07.2025, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the second respondent has already addressed the claim of the petitioner vide proceedings dated 18.12.2024 to the third respondent prior to the representation made by the petitioner on 28.07.2025 and even today, the third respondent has not passed any order.
5. In view of the submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court, without going into the merits of the matter, directs the third respondent to conclude the proceedings forwarded by the second respondent dated 18.12.2024 regarding the claim of the petitioner, after providing opportunity to the petitioner and the fourth respondent, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
01.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
To 1.The District Collector, Salem District -636 001.
2.The Superintendent, Central Prison, Hasthampatty, Salem-636 007.
3.The Accountant General, State Accountant, Anna Salai, Chennai-8.
M.DHANDAPANI, J.
ssb 01.12.2025