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Madras High CourtWP(MD)/9711/2023disposed of

Thenmozhi v. The Commissioner

2023-04-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Thenmozhi ... Petitioner Vs 1.The Commissioner, Hindu Religious Cum Charitable Endowment, Nungambakam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious Cum Charitable Endowment, Ellis Nagar, Near Tamil Nadu Electricity Board, Madurai.

3.The Assistant Commissioner, Hindu Religious Cum Charitable Endowment, Ellis Nagar, Near Tamil Nadu Electricity Board, Madurai.

4.The Executive Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Melur, Madurai.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the family welfare fund scheme amount and also other death benefits of the petitioner's aunt by name G.Kasthuri who served as Laundry worker under the fourth respondent to the petitioner by considering petitioner's representation dated 05.04.2023.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R.1 to R.3 Mr.K.R.Laxman for R.4

ORDER

Heard the learned counsel on either side.

2. One G.Kasthuri was employed in the fourth respondent temple. She has passed away. The petitioner claims disbursement of the death benefits on the ground that she is the only Class II legal heir. I consciously refrain from going in to the merits of the matter. It is for the petitioner to satisfy the fourth respondent that she is entitled to the death benefits. If the fourth respondent is satisfied that the petitioner is the sole legal heir entitled to the death benefits of the deceased G.Kasthuri, the same shall be disbursed to the petitioner. Even though I decline to go into the merits of the matter, I direct the fourth 2/4

respondent to complete the entire process and dispose of the petitioner's claim within a period of eight week from the date of receipt of a copy of this order.

3. This writ petition is disposed of. There shall be no order as to costs. 25.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Commissioner, Hindu Religious Cum Charitable Endowment, Nungambakam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious Cum Charitable Endowment, Ellis Nagar, Near Tamil Nadu Electricity Board, Madurai.

3.The Assistant Commissioner, Hindu Religious Cum Charitable Endowment, Ellis Nagar, Near Tamil Nadu Electricity Board, Madurai.

4.The Executive Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Melur, Madurai.

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G.R.SWAMINATHAN, J.

MGA 25.04.2023 4/4