Madras High CourtWP(MD)/16597/2021disposed of

Pushpa Rani.R v. The District Manager

2022-01-25Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.16597 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.16597 of 2021 R.Pushpa Rani Rep. by her power holder, Roselet Bai ... Petitioner versus

1. The District Manager, Tamilnadu State Marketing Corporation Ltd., (TASMAC) Chembakaraman Puthur, Kanyakumari District.

2. R.Pushpa Regila ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the first respondent to disburse the death and other service benefits legally entitled to R.Pushpa Rani's deceased brother R.Retnaraj to R.Pushpa Rani and her sister namely the second respondent herein in equal share with interest on the basis of her representation made before him dated 25.02.2020.

For Petitioner : M/s.B.Brijesh Kishore For R1 : Mr.B.Jameel Arasu For R2 : No appearance

ORDER

This writ petition is filed for a Mandamus, directing the first respondent to disburse the death and other service benefits of the petitioner's deceased brother R.Retnaraj to the petitioner and her sister, namely, the second respondent herein in equal share with interest, based on the representation dated 25.02.2020.

2. The learned counsel appearing for the petitioner submits that though there was a rival claim between the petitioner and the second respondent, now, they have arrived at a compromise and a compromise memo is also filed along with this writ petition. Even thereafter, the first respondent is not taking any decision on the disbursement of death cum retirement benefits of the deceased employee, namely, R.Retnaraj. Therefore, the petitioner is before this Court.

3. Mr.B.Jameel Arasu, learned counsel appearing for the first respondent has also accepted that compromise memo is filed along with the writ petition. If a direction is issued, then, the first respondent would take a decision, based on the compromise memo. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.16597 of 2021

4. Therefore, this Court, without expressing anything on merits of the case, directs the first respondent to take a decision on the disbursement of death cum retirement benefits of the deceased R.Retnaraj, based on the legal heir certificate produced by the parties concerned and also by considering the compromise memo, after affording an opportunity to the petitioner as well as to the second respondent, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.S) // True Copy // / /2022 Sub Assistant Registrar(CS) 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.

To The District Manager, Tamilnadu State Marketing Corporation Ltd., (TASMAC) Chembakaraman Puthur, Kanyakumari District.

W.P(MD)No.16597 of 2021 25.01.2022 SA (08.03.2022) 2P 2c https://hcservices.ecourts.gov.in/hcservices/ 2/2