Madras High CourtWP(MD)/14288/2018disposed of

Rani, W/O.M.Jeyaraj v. State Of Tamil Nadu

2019-02-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14288 of 2018 Rani ... Petitioner Vs.

1.The State of Tamil Nadu, Through Principal Secretary/Revenue Commissioner, Revenue Department, Fort St. George, Chennai.

2.The District Collector, Dindigul District, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to disburse monetary benefits due to the petitioner's husband M.Jeyaraj and pensionary benefits due to him in the status as her spouse.

For Petitioner :

Mr.S.Anand Chandrasekar for M/s.Sarvabhaumanan Associates For Respondents :

Mr.V.Anand, Government Advocate.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to disburse monetary benefits due to the petitioner's husband M.Jeyaraj and pensionary benefits due to him in the status as her spouse.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that seeking pensionary benefits of her husband, the petitioner sent several representations to the respondents. Subsequent to the representations, the second respondent, by communication, dated 05.03.2018, stated that with reference to retirement benefits relating to her husband and disbursement of family pension, clarification has been sought for from the first respondent and the same is pending. Since no action has been taken by the respondents till date, the petitioner has filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate appearing for the respondents submitted that the claim of the petitioner had already been considered by the respondents by proceedings, dated 05.03.2018 and hence, the same would be considered within the time frame fixed by this Court.

5.In view of the above, this Court, without going into the merits of the case, directs the respondents to consider the claim of the petitioner along with interest, if any, and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar(CS ) To:

1.The State of Tamil Nadu, Through Principal Secretary/Revenue Commissioner, Revenue Department, Fort St. George, Chennai.

2.The District Collector, Dindigul District, Dindigul.

+1 CC to M/s.SARVABHAUMAN ASSOCIATES, Advocate ( SR-50584[F] dated 28/02/2019 ) +1 CC to M/s.SPL GP ( SR-51081[F] dated 01/03/2019 ) W.P(MD)No.14288 of 2018 28.02.2019 CS: 16/05/2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/