Madras High CourtWP(MD)/11651/2021dismissed as withdrawal

Thenmozhi.B v. The Prl. Secretary To Govt.,And The

2021-07-13Honourable Mr Justice P.D.Audikesavalu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No. 11651 of 2021 and W.M.P. (MD) No. 9167 of 2021 (through video conference) B.Thenmozhi ... Petitioner Vs.

1.The Principal Secretary to Government and the Chairman of the State Transport Undertakings, Government of Tamil Nadu, Transport Corporation, Secretariat, Fort St. George, Chennai - 600 009.

2.The Administrator, TNSTC Employees Pension Fund Trust, Thiruvalluvar Illam, Chennai - 600 002.

3.The Account General, O/o. Account General, Thenampet, Chennai.

4.The Pension Pay Officer, Pension Office, T.M.S.Compound, Chennai - 600 006.

5.The Managing Director, State Express Transport Corporation (TN) Ltd., Thiruvalluvar House, Anna Salai, Chennai - 600 002.

6.The Deputy Manager (Provident Fund), State Express Transport Corporation, Pallavan Salai, Chennai 600 002.

7.The Senior Grade Deputy Manager (Provident Fund), State Express Transport Corporation (TN) Ltd., Pallavan Salai, Chennai 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by Sixth and Seventh Respondents bearing letter No.021701/C4/AA.Ve.Poo.Ka./2015 dated 02.03.2021 and letter No.572610/Vai.Nee/AA.Ve.Pooka.tha.Na./2020 1/3

dated 25.02.2021, quash the same and consequentially directing the Respondents to pay the family pension to the Petitioner as per the G.O.29 dated 31.01.2013 from the date on which the Petitioner became widow i.e. 15.12.2015.

For Petitioner : Mr. R.Saravanan For Respondents : Mr. K.S.Selvaganesan Government Advocate

ORDER

(through video conference) Heard Mr. R.Saravanan, Learned Counsel for the Petitioner and Mr. K.S.Selvaganesan, Learned Government Advocate for the Respondents and perused the materials on record, apart from the pleadings of the parties.

It is borne out from the record that the cause of action for the Writ Petition has wholly arisen and the seat of authority of the Respondents are situated outside the territorial limits of jurisdiction of the Madurai Bench of Madras High Court. Since the Writ Petition cannot be entertained in the Madurai Bench of this Court, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to approach the jurisdictional High Court for necessary relief. He has also filed a memo dated 13.07.2021 to that effect through e-mail, which has been placed on record.

In the result, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) Sm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

2/3

To 1.The Principal Secretary to Government and the Chairman of the State Transport Undertakings, Government of Tamil Nadu, Transport Corporation, Secretariat, Fort St. George, Chennai - 600 009. 2.The Administrator, TNSTC Employees Pension Fund Trust, Thiruvalluvar Illam, Chennai - 600 002.