Madras High CourtWP(MD)/8779/2025disposed of

G. Kulasekharan v. The Secretary

2025-04-01Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI G.Kulasekaran ... Petitioner Vs.

1.The Secretary, Public (Political Pension-2) Department, Secretariat, St.George fort, Chennai-600 009.

2.The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District-623 503.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 2 to sanction Maruthu brothers descendent pension to the petitioner together with the arrears of pension amount from 07.07.2000 to till the date of disbursement on the prevailing rates and also for subsequent months till the death of petitioner in the light of the order passed in WP(MD).No.10848 of 2017, dated 25.08.2023 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi 1/4

For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner has sought for issuance of writ of mandamus to direct the payment of Freedom Fighters pension payable to descendants of Marathu Pandya brothers.

2. On 14.03.2023, the District Collector has sent a communication to the petitioner stating that in view of the pendency of W.P(MD)No.10848 of 2017, the respondents are not in a position to consider the petitioner's application. However, subsequently, the said writ petition has been disposed of on 25.08.2023 granting Freedom Fighters Pension to the petitioner therein.

3. The learned counsel for the petitioner would further submit that the petitioner is also entitled to Freedom Fighters Pension on the same line.

4. The learned Special Government Pleader would submit that the petitioner has given consent for payment of Freedom Fighters Pension to his brother and only one person in the family is entitled to pension. Therefore, 2/4

according to the Special Government Pleader, the petitioner is not entitled to Freedom Fighters Pension.

5. Be that as it may, admittedly, subsequent to the communication issed by the District Collector on 14.03.2023, the writ petition has been disposed of by this Court in favour of the petitioner's brother. Therefore, the 1st respondent shall take into account the subsequent developments, including the order passed by this Court in W.P(MD)No.10848 of 2017, dated 25.08.2023 and pass final orders on the petitioner's application seeking Freedom Fighters Pension within a period of four (4) weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

01.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

1.The Secretary, Public (Political Pension-2) Department, Secretariat, St.George fort, Chennai-600 009.

2.The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District-623 503.

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