← Library
Madras High CourtWP/47909/2025disposed of with direction

A.Chinnu v. The District Collector

2025-12-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Chinnu ... Petitioner Vs.

1. The District Collector, Collector Office, Salem.

2.The Commissioner, Area Development Office, Pettanayakkanpalayam Town and Taluk, Salem District.

... 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 to consider the petitioner's representation dated 16.10.2025 seeking to issue the death benefit amount of his wife, late Pappa @ Annapacikam, as per the judgment and decree dated 22.08.2023 in O.S.No.15 of 2006 on the file of the Principal District Munsif, Attur, on merits within the time limit fixed by this Court.

For Petitioner :

Mr.L.Mouli For Respondents :

Mr.R.U.Dinesh Rajkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 16.10.2025 seeking to issue the death benefit amount of his wife, namely, Pappa @ Annapacikam, as per the judgment and decree dated 22.08.2023 in O.S.No.15 of 2006 on the file of the Principal District Munsif, Attur, within a time limit fixed by this Court.

2. The case of the petitioner is that the petitioner's first wife, namely, Pappa @ Annapackiam was working as Cook in Palaniapuri Grama Government Primary School and they were not blessed with children and she was included in the Special Provident Fund. She died on 03.02.2005 leaving behind the petitioner as the sole legal heir and the revenue department had conducted enquiry and issued the Death Certificate and Legal Heir Certificate. Thereafter, the petitioner had applied before the second respondent for receiving the death benefits of his wife, however, the second respondent had replied that the death benefits of Pappa @

Annabackiam can be paid to Pachamuthu and Subramani, who are the sons of the petitioner herein through second wife by referring to the Legal Heirship Certificate issued in S.O.P.No.2 of 2005 dated 27.10.2005 which was filed by the said Pachamuthu and Subramani, on the ground that said Pappa @ Annabackiam had executed a Will in favour of them. Thereafter, the petitioner had filed a suit in O.S.No.15 of 2006 before the Principal District Munsif, Attur, against the respondents herein and Pachamuthu and Subramani, seeking for declaration that the petitioner is the legal of late Pappa @ Annabackiam and permanent injunction and the suit has also been partly allowed by judgment and decree dated 22.08.2023 declaring that the petitioner is the legal heir of late Pappa @ Annabackiam and he is entitled to receive the death benefit amount of his wife. As per the said judgment, the petitioner has sent a representation to the respondents on 16.10.2025 seeking the death benefits of his wife, however, no order has been passed. Hence, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to consider the representation of the petitioner, dated 16.10.2025 and dispose of the same, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to conduct enquiry between the petitioner and other concerned parties and pass appropriate orders by considering the representation of the petitioner dated 16.10.2025, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

11.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. The District Collector, Collector Office, Salem.

2.The Commissioner, Area Development Office, Pettanayakkanpalayam Town and Taluk, Salem District.

M.DHANDAPANI, J.

ssb 11.12.2025