M.Seeniammal v. The Chief Executive Engineer (Ae)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Seeniammal ... Petitioner Vs.

1.The Chief Executive Engineer (AE), Agricultural Engineering Department, 487, Anna Salai, Nandhanam, Chennai-600 035.

2.The Executive Engineer (AE), Agricultural Engineering Department, No.81, Kattupudukulam, Joint Director of Agriculture Office Complex, Pudukottai-622 001.

3.The Assistant Executive Engineer (AE), Agricultural Engineering Department, No.1426C, Store Yard Compound, Thirukokarnam Post, Trichy Road, Pudukottai-622 002.

4.Anandha Jothi.

5.M.Hariraj 6.M.Nithiswari ... Respondents 1/6

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the death benefits of the petitioner's deceased son namely Muthu Irulandi and other monetary benefits to her based on her representation dated 03.10.2022 and as well as legal notice dated 09.11.2022 sent to the respondents 1 to 3, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to disburse the death benefits of the petitioner's deceased son, namely, Muthu Irulandi and other monetary benefits to her, based on her representation dated 03.10.2022 and as well as legal notice dated 09.11.2022 sent to the respondents 1 to 3, within the time limit that may be stipulated by this Court.

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2. The case of the petitioner is that the petitioner is a senior citizen and is the mother of one deceased Muthu Irulandi, who was working as Assistant Engineer in the respondent Department. The said Muthu Irulandi died on 18.09.2022, leaving behind the petitioner, his wife and his children, who are the private respondents herein. Subsequently, there was a dispute with regard to receiving the terminal benefits of the deceased Muthu Irulandi between the petitioner and the fourth respondent, for which, a police complaint has also been made by the petitioner against the fourth respondent. However, the complaint has not been properly enquired. Further, the petitioner has also sent a representation dated 03.10.2022 to the respondents 1 to 3 to provide the death benefits of her deceased son. But, no steps have been taken. Hence, the present writ petition has been filed with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if this Court directs the first respondent to conduct enquiry between the petitioner and the private respondents and pass appropriate orders after providing opportunity to the petitioner, within a 3/6

specified period.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the said deceased Muthu Irulandi has nominated his wife and children as nominees. However, the appropriate orders will be passed in terms of the relevant Rules.

5. Since no adverse order has been passed against the respondents 4 to 6, notice to the respondents 4 to 6 is dispensed with.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to conduct enquiry between the petitioner and the private respondents and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner and the private respondents, within a period of six weeks from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition is disposed of. No costs.

20.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The Chief Executive Engineer (AE), Agricultural Engineering Department, 487, Anna Salai, Nandhanam, Chennai-600 035.

2.The Executive Engineer (AE), Agricultural Engineering Department, No.81, Kattupudukulam, Joint Director of Agriculture Office Complex, Pudukottai-622 001.

3.The Assistant Executive Engineer (AE), Agricultural Engineering Department, No.1426C, Store Yard Compound, Thirukokarnam Post, Trichy Road, Pudukottai-622 002.

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M.DHANDAPANI,J.

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