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Madras High CourtWP(MD)/10599/2017closed

S.Chitra, W/O.Sivakumar v. The Union Of India

2017-06-27Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.10599 of 2017 S.Chitra

...Petitioner

-Vs1. The Union of India, Represented by its Secretary, Ministry of External Affairs, E.Block Janpath Road, Rajpath Area, Central Secretariat, New Delhi 110 011.

2. The Union of India, Represented by its Secretary, Overseas Indian Affairs Department, New Delhi.

3. The Ministry of External Affairs, Represented by its Secretary, No.68, College Road, EVK Sampath Malligai, 7th Floor, Nungambakkam, Chennai 600 034

4. The High Commissioner, Embassy of Saudi Arabia, No.2, Paschimi Marg, Block C, Vasant Vihar, New Delhi 110 057.

5. The State of Tamilnadu, Represented by its Secretary, Home Department, Fort.St.George, Chennai 600 009

6. The Under Secretary to the Government, Public (RH 1) Department, Secretariat, Chennai 9.

7. The District Collector, Sivagangai District, Sivagangai. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein take immediate action for transporting the dead body/mortal remains of her husband Sivakumar, S/o.Dakshinamoorthy, aged about 48 years from Saeed

G.AI Zahrani Dhaharai 31932 Post Box No.524 Kingdom of Saudi Arabia to S.Chitra, 1/169, Sozhapuram Village and Post, Sivagangai District for performing final rites at Sozhapuram, Sivagangai District on the basis of her representation dated 23.05.2017 within the time stipulated by this Court.

For Petitioner : Mr.R.Boomirajan For R1 to R3 : Mr.D.Saravanan Central Government Senior Standing Counsel For R5 to R7 : Mr.D.Muruganandham Additional Government Pleader

O R D E R

The petitioner has come up with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents herein to take immediate action for transporting the dead body/mortal remains of her husband, Sivakumar, S/o.Dakshinamoorthy, aged about 48 years from Saeed G.AI Zahrani Dhaharai 31932 Post Box No.524 Kingdom of Saudi Arabia to S.Chitra, 1/169, Sozhapuram Village and Post, Sivagangai District for performing final rites at Sozhapuram, Sivagangai District on the basis of her representation dated 23.05.2017 within the time stipulated by this Court. 2.Heard Mr.R.Boomirajan, learned Counsel appearing for the petitioner, Mr.D.Saravanan, learned Central Government Senior Standing Counsel appearing for the respondents 1 to 3, Mr.D.Muruganandham, learned Additional Government Pleader appearing for the respondents 5 to 7 and perused the materials available on record.

3. Mr.D.Saravanan, learned Senior Standing Counsel appearing for the respondents 1 to 3, on instructions, would submit that the Embassy is taking effective steps to bring the mortal remains of the petitioner's husband and it will be done within a period of two weeks. The learned counsel has also produced the message sent to the Ministry of External Affairs, Branch Secretariat, Chennai dated 22.06.2017 from Embassy of India, Riyadh.

4. Recording the above submissions, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To

1. The Secretary, Union of India, Ministry of External Affairs, E.Block Janpath Road, Rajpath Area, Central Secretariat, New Delhi 110 011.

2. The Secretary, Union of India, Overseas Indian Affairs Department, New Delhi.

3. The Secretary, Ministry of External Affairs, No.68, College Road, EVK Sampath Malligai, 7th Floor, Nungambakkam, Chennai 600 034

4. The High Commissioner, Embassy of Saudi Arabia, No.2, Paschimi Marg, Block C, Vasant Vihar, New Delhi 110 057.

5. The Secretary, State of Tamilnadu, Home Department, Fort.St.George, Chennai 600 009

6. The Under Secretary to the Government, Public (RH 1) Department, Secretariat, Chennai 9.

7. The District Collector, Sivagangai District, Sivagangai.

+1cc to Mr.R.Boomirajan, Advocate Sr.No.62133 +1cc to Spl.Government Pleader Sr.No.62504 MSA/DSS VB/JC/SAR1/05/07/2017/3P/10C W.P.(MD)No.10599 of 2017 27.06.2017