M.Maheswari v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.7229 of 2024 M.Maheswari ... Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai-34 2.The Joint Commissioner Hindu Religious and Charitable Endowments, Tirunelveli 3.The Executive Officer Arulmigu Ilanji Kumarar Thirukoil, Ilanji.

... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to disburse the death benefit amount of Rs.3,00,000/- to the petitioner on account of death of her husband as per G.O(Ms).No. 47 Tourism, Culture and Religious Endowments Department, dated 20.05.2019.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.P.Subbaraj, Special Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking a Writ of Mandamus to direct the respondents to disburse the death benefit amount of Rs.3,00,000/- to the petitioner on account of death of her husband as per G.O(Ms.).No.47, Tourism, Culture and Religious Endowments Department, dated 20.05.2019.

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2. Heard Mr.S.Venkatesh, learned counsel appearing for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondents.

3. The petitioner's husband was working with the third respondent and died on 27.07.2021, while he was in service. As per G.O.(Ms.)No.47, dated 20.05.2019, the regular employees who have been in service in the temples under the control of HR & CE Department and happened to die during their service, they should be given with the family welfare fund of Rs.3,00,000/-.

4. The grievance of the petitioner is that so far the said amount has not been disbursed to her. Hence, the present Writ Petition has been filed.

5. The respondents did not quarrel with the fact that the petitioner's husband died due to harness and hence, the petitioner is 3/7

entitled to get the family welfare fund of Rs.3,00,000/-. In fact, it is submitted that the third respondent has forwarded the proposal to the second respondent and now, the same is pending with the second respondent.

6. Since the very object of the family welfare fund is to help the family of the deceased employees who are in trouble after the death of the sole breadwinner, the respondents should do it sensitively and disburse the amount at the earliest.

7. Since the representation of the petitioner is pending without disposal, the respondents shall consider the same and pass appropriate orders on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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

08.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

To 1.The Commissioner Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai-34 2.The Joint Commissioner Hindu Religious and Charitable Endowments, Tirunelveli 3.The Executive Officer Arulmigu Ilanji Kumarar Thirukoil, Ilanji.

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R.N.MANJULA , J.

RM W.P.(MD)No.7229 of 2024 08.04.2024 7/7