Madras High CourtWP(MD)/17709/2018disposed of

K.Indhra, W/O A.Karupiah, v. The District Collector,

2019-03-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17709 of 2018 K.Indhra ... Petitioner Vs.

1.The District Collector, Collectorate (Development Section), Madurai 625 020 Madurai District.

2.The Commissioner/Block Development Officer, Sedappatti Panchayat Union, Sedapatti, Madurai District.

3.Sathiya ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to disburse the retirement benefits due to the petitioner's deceased husband namely, A.Karupaih, who died while in serving on 14.11.2017, within the time stipulated by this Court. For Petitioner : Mr.S.Louis For R1 : Mrs.J.Padmavathy Devi Special Government Pleader For R2 : Mr.VR.Shanmuganathan Special Government Pleader For R3 : Mr.R.Vijayakumar

ORDER

Seeking for a direction to the second respondent to disburse the retirement benefits to the petitioner, the present writ petition has been filed.

2.Heard the learned Counsel appearing on both sides and perused the materials available on record.

3.The case of the petitioner is that the petitioner's husband was working as an Office Assistant in the second respondent Panchayat Union. He died on 14.11.2017 while he was in service. After his death, the petitioner has approached the second https://hcservices.ecourts.gov.in/hcservices/

respondent to get the retirement benefits, by way of representation dated 31.07.2018, along with relevant documents. However, the second respondent has not considered the said representation and issued the retirement benefits to the petitioner. Hence, she has approached this Court by filing this writ petition. 4.The learned respective Counsel appearing for the respondents 1 and 2, submitted that the representation of the petitioner would be considered on merits.

5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 31.07.2018, and pass appropriate orders, on merit and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) mm To 1.1.The District Collector, Collectorate (Development Section), Madurai 625 020 Madurai District.

2.The Commissioner/Block Development Officer, Sedappatti Panchayat Union, Sedapatti, Madurai District.

+1CC TO MR.R.VIJAYAKUMAR, Advocate Sr. No.57518 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 57923 W.P(MD)No.17709 of 2018 28.03.2019 PR(CO) TR (24.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/