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Madras High CourtWP(MD)/199/2019allowed

K.Alagarsamy, v. The Executive Officer,

2019-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.199 of 2019

1. K.Alagarsamy

2. A.Pavithra ... Petitioners Vs.

1. The Executive Officer, Oil and Natural Gas Corporation Ltd., ONGC Employees Contribution Provident Fund Trust, Shed No.4, Tel Bhavan, Dehradun - 248 003.

2. The Deputy General Manager, HR-ER, Panel Administration Phase-I, Panvel-410 221.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the deceased K.Velusamy's CPF account standing amount of Rs.7,50,000/- along with interest and other monetary benefits belongs to him to the petitioner's joint account, namely, K.Alagarsamy and A.Pavithra, Karur Vysya Bank Limited, Chromepet Branch, Chennai, A/c No.1119155000241429, IFSC:- KVBL0001119, MICR:- 600053006 within a stipulated period.

For Petitioners : Mr.VS.Karthi, for M/s.VS.Karthi Associates.

***

ORDER

Heard the learned counsel on either side.

2. The brother of the first Writ petitioner, namely, Thiru.Velusamy was employed in ONGC, Panvel. He passed away on 02.09.2013 at Virudhunagar. The Writ petitioners are the surviving legal heirs of the deceased Velusamy. The Writ petitioners filed S.O.P.No.1 of 2015 before the learned Principal District Judge, Virudhunagar District at Srivilliputhur and obtained an order in their favour on 12.06.2018. The respondents herein are shown as respondents 1 and 2 in the said Succession Original petition. The said order made in the Succession Original petition has not been questioned.

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3. The learned counsel appearing for the petitioners states before this Court that the order dated 12.06.2018 made in the Succession Original petition has become final. Since the respondents have not complied with the said order in the Succession Original petition by crediting the amount in question in favour of the Writ petitioners, this Writ petition has been filed.

4. Though notice was served on the respondents and their names are also printed in the cause list, they have not chosen to enter appearance either in person or through counsel.

5. The petitioners are therefore directed to submit the said documents in authenticated format to the respondents. Upon receipt thereof, the respondents shall credit the amount in question in favour of the Writ petitioners without any delay.

6. The Writ petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS- ) pmu To

1. The Executive Officer, Oil and Natural Gas Corporation Ltd., ONGC Employees Contribution Provident Fund Trust, Shed No.4, Tel Bhavan, Dehradun - 248 003.

2. The Deputy General Manager, HR-ER, Panel Administration Phase-I, Panvel-410 221.

+1 CC to M/s.VS.KARTHI, Advocate ( SR-63521[F] dated 27/04/2019) W.P.(MD)No.199 of 2019 26.04.2019 ES/14.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/