Manickaselvi.K v. The Counsellor (Consular)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Manickaselvi :Petitioner .vs.

1.The Counsellor(Consular), Embassy of India, Doha, Qatar.

2.The Secretary to Government, Ministry of External Affairs, Secretariat, Chennai.

3.The Director, Commissionerate of Rehabilitation and Welfare of Non-Resident Tamils, Chepauk, Chennai - 600 005.

4.The District Collector, Ramanathapuram, Ramanathapuram District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to take effective steps to recover and to pay the compensation amount awarded as death compensation by the Qatar Court of Law in respect of Petitioner's husband Late.Krishnamoorthy, who died in Doha on 14.11.2011 due to road accident within the time stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondent-2 : Mrs.Victoria Gowri Asst. Solicitor General For Respondents : Mr.R.Suresh Kumar 3 and 4 Government Advocate 1/3

O R D E R

************* This writ petition has been filed for the issue of a writ of Mandamus, directing the respondents to recover the compensation and pay the same to the petitioner, who is the wife of late Krishnamoorthy, who died in Doha in a road accident, on 14.11.2011. 2.When the matter came up for hearing, on 19.07.2021, this Court directed the learned Assistant Solicitor General to take instructions from the second respondent and report before this Court. Accordingly, the matter was posted for hearing today. 3.The learned Assistant Solicitor General appearing on behalf of the respondents submitted that the husband of the petitioner died in the road accident in the year 2011.

Thereafter, a prolonged legal process had taken place and ultimately, Seventy Seven Thousand Qatar Rial was deposited in the Court as compensation payable to the deceased Krishnamoorthy. The learned Assistant Solicitor General further submitted that the matter is closely followed up by the Ministry of External Affairs and necessary application will be filed before the concerned Court for withdrawal of the amount and immediately after the amount is withdrawn, the same will be handed over to the petitioner.

4.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Assistant Solicitor General, there shall be a direction to the second respondent to closely follow up the case and make all attempts to withdraw the compensation amount as expeditiously as possible and preferably within a period of four months from the date of receipt of the copy of this order and hand over the money to the petitioner. 5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

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To 1.The Counsellor(Consular), Embassy of India, Doha, Qatar. 2.The Secretary to Government, Ministry of External Affairs, Secretariat, Chennai.

3.The Director, Commissionerate of Rehabilitation and Welfare of Non-Resident Tamils, Chepauk, Chennai - 600 005. 4.The District Collector, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-24185[F] dated 28/07/2021 ) +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-24126[F] dated 28/07/2021 ) W.P(MD)NO.12070 of 2021 27.07.2021 RK (02.08.2021) 3P 7C 3/3