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Madras High CourtWP/50364/2025disposed of with direction

A.Saraswathi v. The Commissioner

2026-01-05Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

1. A.Saraswathi W/o.Late.Arumugam, No.66/30, Nallappa Vaidhia Salai, Old Washermenpet, Chennai-600 021.

2.A.Devika W/o.Late.Murthy, D/o.Late.Arumugam, No.66/30, Nallappa Vaidhia Salai, Old Washermenpet, Chennai-600 021.

Petitioner(s) Vs

1. The Commissioner Corporation Of Chennai, Ribbon Building, Chennai-600 003.

2.The Assistant Divisional Engineer (ELEC) Electricity Department Zone-10, Corporation Of Chennai, No.117, N.S.K. Salai, Kodambakkam, Chennai-600 024.

3.A.Rajeswari D/o.Late.Arumugam, No.17/123, Annai Sathya Nagar, 3rd Street, K.K.Nagar, Chennai-600 078.

4.A.Perundevi D/o.Late.Arumugam, No.17/123,

Annai Sathya Nagar, 3rd Street, K.K.Nagar, Chennai-600 078.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the 2nd respondent to disburse the death benefit of the 1st petitioners husband P.Arumugam on the basis of the decree and judgement dated 30.04.2024 made in A.S. No.105/2020 on the file of XV Addl. City Civil Court, Chennai and on the basis of the 1st petitioners representation dated 24.06.2025, 20.11.2025, to the petitioners, including the petitioners 3 and 4.

For Petitioner(s):

M/s.R.Thanjan For Respondent:

Mr.D.B.R.Prabhu Standing Counsel for R1 and R2

ORDER

This Writ Petition has been filed seeking to direct the 2nd respondent to disburse the death benefit of the 1st petitioner's husband P.Arumugam on the basis of the decree and judgement dated 30.04.2024 made in A.S. No.105/2020 on the file of XV Additional City Civil Court, Chennai and on the basis of the 1st petitioner's representation dated 24.06.2025, 20.11.2025, to the petitioners, including the respondents 3 and 4.

2. Mr.D.B.R.Prabhu, learned counsel takes notice on behalf of the respondents 1 and 2.

3. It is the case of the petitioners that the first petitioner's husband one P.Arumugam was employed under the respondents 1 and 2 and he deserted the first petitioner and her daughter / the second petitioner herein, due to some matrimonial dispute and married one A.Jamuna and begot two girl children, who are the respondents 3 and 4 herein. As the said P.Arumugam died on 15.03.2014, leaving behind the first petitioner and her daughter, the first petitioner filed a suit in O.S.No.2433 of 2015 on the file of the learned VIII Assistant Judge, City Civil Court, Chennai, seeking declaration of the petitioners as the legal heirs of the deceased and the same came to be decreed on 10.03.2020. Aggrieved against the said order, the said A.Jamuna preferred an appeal in A.S.No.105 of 2020 on the file of the XV Additional City Civil Court, Chennai.

Pending the appeal, she expired on 22.07.2021 and consequently, the respondents 3 and 4 were impleaded as legal heirs of the deceased. As both the parties arrived at a compromise, the Appellate Court enabled the first petitioner to receive the family pension of the deceased P.Arumugam. However, the said order has not been complied till date. Aggrieved by the same, the petitioners made representations dated 24.06.2025 and 20.11.2025, seeking disbursement of death benefit of the deceased P.Arumugam.

have not been considered till date and therefore, the present Writ Petition has been filed.

4. Learned Counsel appearing for the petitioners submits that it would suffice, if this Court issues a direction to the second respondent to consider the representations of the petitioners dated 24.06.2025 and 20.11.2025 and pass appropriate orders on the same within the time that may be stipulated by this Court.

5. Learned counsel appearing for the respondents 1 and 2 submitted that appropriate orders will be passed on the petitioners' representations within the time stipulated by this Court.

6. In view of the limited relief sought for by the petitioners, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioners' representations dated 24.06.2025 and 20.11.2025 and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and any other interested parties.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

05-01-2026 Anu (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner Corporation Of Chennai, Ribbon Building, Chennai-600 003.

2.The Assistant Divisional Engineer (elec) Electricity Department Zone-10, Corporation Of Chennai, No.117, N.S.K. Salai, Kodambakkam, Chennai-600 024.

M.DHANDAPANI J.

Anu 05-01-2026