Madras High CourtWP(MD)/7019/2017disposed of

Indhirani, v. The District Collector,

2017-04-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7019 of 2017 Indhirani .. Petitioner Vs.

1. The District Collector, Virdhunagar District.

2. The Block Development Officer(Village Panchayat), Narikudi Union, Virudhunagar District.

3. The Village Panchayat Secretary, Panakudi Village Panchayat, Narikudi Union, Virudhunagar District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 29.12.2016 within a time frame that may be stipulated by this court and directing the respondents to pay the wages payable to husband of the petitioner until the date of death, on the basis of the order of this Court made in W.P.(MD)No.4050 of 2007, dated 26.06.2012. For Petitioner : Mr.R.Udhayakumar For R-1 : Mr.N.S.Karthikeyan, Additional Government Pleader For R-2 : Mr.V.Muruganantham ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 29.12.2016 within a time frame that may be stipulated by this court and directing the respondents to pay the wages payable to husband of the petitioner until the date of death, on the basis of the order of this Court made in W.P.(MD)No.4050 of 2007, dated 26.06.2012.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. Mr.N.S.Karthikeyan, learned Additional Government Pleader,

takes notice for the first respondent and Mr.V.Muruganantham, learned counsel takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The first respondent is directed to consider the representation of the petitioner, dated 29.12.2016, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. If the petitioner's husband is entitled to more salary than which was determined by the respondents, the same can be considered by the respondents purely on merits."

5. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To

1. The District Collector, Virdhunagar District.

2. The Block Development Officer(Village Panchayat), Narikudi Union, Virudhunagar District.

3. The Village Panchayat Secretary, Panakudi Village Panchayat, Narikudi Union, Virudhunagar District.

+1 CC to MR.R.UDHAYA KUMAR, Advocate, SR No. 52358 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 52757 PMU PSM/SV-MMS/SAR3/28.04.2017/2P/6C ORDER MADE IN W.P.(MD).No.7019 of 2017 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/