Madras High CourtWP(MD)/1884/2021disposed of

Anthony Raj v. State Government Of Tamil Nadu

2021-02-04Honourable Mr Justice V. Parthiban2 pages

W.P.(MD)No.1884 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.1884 of 2021 and W.M.P.(MD) No.1625 of 2021 Anthony Raj .. Petitioner Vs 1.State Government of Tamilnadu, represented by Secretary to Government, Fisheries Department, Secretariat, Chennai 600 009.

2.The District Collector, Mandapam Road, Kadampa Nagar, Sakkarakottai, Ramanathapuram 623 503.

3.The Manager, State Bank of India, Ramanathapuram.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to immediately release the compensation amount awarded by the State Government by cheque dated 21-01-2021 and consequently direct the 1st and 2nd respondent to consider awarding enhanced compensation amount and consider awarding any government job to the daughter Santhiya Astin A.

For Petitioner : Mr.L.P.Maurya For R1 & R2 : Mr.C.Ramesh Special Government Pleader For R3 : Mr.Palaramasamy

ORDER

When the matter is taken up for hearing today, Mr.Palaramasamy, learned counsel appearing for the 3rd respondent bank would submit that even before this writ petition could be filed, the respondent bank has already released the payment on 29.01.2021 and the payment has also been received by the father of the deceased fisherman. The petitioner himself is present before this Court today and acknowledged the fact that he has received the payment on 29.01.2021 itself.

2.Be that as it may, Mr.L.P.Maurya, learned counsel appearing for the petitioner would submit that there are two other reliefs https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1884 of 2021 that are being sought in this writ petition, namely, enhancement of compensation and also employment for one of the legal heirs on compassionate ground of the deceased fisherman. 3.Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents 1 and 2 has circulated a proceedings of the Commissioner of Fisheries, Chennai, dated 03.02.2021, wherein, a clear commitment has been given that the District Collector will provide employment assistance to the legal heirs of the deceased fisherman within this month after verification of educational certificates from the legal heirs.

4.In view of the commitment being given by the competent authority that employment assistance would also be rendered within this month after due verification, this Court does not think that this writ petition can be kept pending anymore and therefore, this Writ Petition stands disposed of. As regards the remaining limb of relief is concerned, it is always open to the petitioner to workout his remedies in the manner known to law in future, in case, he is still interested in pursuing his remedy for enhanced compensation. 5.This Court takes its opportunity to record its appreciation of the timely efforts of the learned counsel appearing for the petitioner, learned Special Government Pleader appearing for the respondents 1 and 2 as well as the learned counsel appearing for the 3rd respondent bank. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.State Government of Tamilnadu, represented by Secretary to Government, Fisheries Department, Secretariat, Chennai 600 009.

2.The District Collector, Mandapam Road, Kadampa Nagar, Sakkarakottai,Ramanathapuram 623 503.

+1 CC to M/s.L.P.MAURYA, Advocate ( SR-3395[F] dated 04/02/2021 ) +1 CC to M/s.SPL GP ( SR-3521[F] dated 05/02/2021 ) W.P.(MD)No.1884 of 2021 04.02.2021 SSS(CO) KB(19.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2