Kamalambika v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1502 of 2025 Kamalambika ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, Kanyakumari District Temple Administrative Office, Suchindram, Kanyakumari District.

3. The Executive Officer, Arulmighu Aathikesava Perumal Kovil, Thiruvattar, Thiruvattar Taluk, Kanyakumari District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the petitioner's family pension with arrears till this day and continue to pay the pension. For Petitioner : Mr.G.Ramanathan For Respondent No.1 : Mr.P.Subbaraj Special Government Pleader For Respondent Nos.2 & 3 : Mr.R.Shankar Ganesh Standing Counsel 1/4

ORDER

The instant writ petition has been filed by the wife of a deceased Poojari employed in the third respondent temple, seeking a mandamus for disbursement of family pension.

2. A perusal of the records reveal that the petitioner's husband namely Srinivasan Potthi was working as a Poojari in the third respondent temple and he attained superannuation on 30.09.2007. The petitioner's husband was receiving pension till his death that is on 26.01.2021. Thereafter, the petitioner has made a representation to the third respondent, seeking to disbursement of family pension. Since, there was no response from the authorities. Hence, the present writ petition has been filed.

3. According to the learned Standing Counsel appearing for the third respondent, the request of the petitioner has already been forwarded by the second respondent to first respondent on 24.01.2025, for passing appropriate orders and the files are pending with the first respondent. 2/4

4. Considering the above said facts, the first respondent is directed to consider the proposal forwarded by the second respondent dated 24.01.2025, relating to the family pension of the writ petitioner and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this writ petition is disposed of. No costs.

28.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, Kanyakumari District Temple Administrative Office, Suchindram, Kanyakumari District.

3. The Executive Officer, Arulmighu Aathikesava Perumal Kovil, Thiruvattar, Thiruvattar Taluk, Kanyakumari District.

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R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.1502 of 2025 28.01.2025 4/4