Perumayee, W/O.Late.V.Paraman v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.24281 of 2016 and W.M.P.(MD)No.17538 of 2016 Perumayee ... Petitioner Vs.

1. The Registrar, Madurai Kamarajar University, Palkalai Nagar, Madurai - 625 021.

2. The Branch Manager, State Bank of India, Kamarajar University Branch, Palkalai Nagar, Madurai - 625 021.

3. P.Krishnamoorthy

4. P.Sathyamoorthy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to sanction and credit family pension of the petitioner's husband Late Paraman in the petitioner's account number 20285648559 on the file of the second respondent.

For Petitioner : Mr.B.Jeyakumar For R-1, R-2&R-4 : Mr.R.M.Makesh Kumaravel For R-3 : No appearance.

ORDER

This Writ Petition is filed for issuing a Writ of Mandamus, directing the first respondent to sanction and disburse family pension of the petitioner's husband, namely, Late.Sri.Paraman, in the petitioner's account No.20285648559 and for further relief.

2. Heard, Mr.B.Jeyakumar, learned counsel appearing for the petitioner and Mr.R.M.Makesh Kumaravel, learned counsel appearing for the respondents 1,2 and 4.

3. It is stated that the husband of the petitioner Late.Sri. Paraman died leaving behind 2 sons through his first wife and the petitioner. It is further submitted that the sons of her husband through his first wife are not entitled to pension, as they are not the dependants having crossed the age. However, the respondents 3 and 4 who are the sons of the petitioner's husband https://hcservices.ecourts.gov.in/hcservices/

through his first wife, filed a Succession Original petition in S.O.P.No.1 of 2016 before the Principal District Court, Madurai, claiming right over Death-cum-Retirement benefits of their deceased father. In the said original petition, an Interlocutory application in I.A.No.41 of 2016 was also filed by them. In the said application, the learned Judge has granted an order of Interim Injunction against the petitioner and second respondent herein from disbursing the Death-cum-Retirement benefits, by order, dated 21.04.2016. The first respondent herein has taken a stand that in view of the order of Interim Injunction granted by the leaned Principal District Judge, Madurai, in I.A.No.41 of 2016 in S.O.P.No.1 of 2016, they were not able to proceed further. The first respondent has informed that if the petitioner is able to show that the S.O.P.No.1 of 2016 is dismissed or the interim order is vacated, they have no difficulty in disbursing the amount to the petitioner.

4. The learned counsel for the petitioner, in such circumstances, agreed to produce the fair order passed in S.O.P.No.1 of 2016, or in the connected proceedings to show that the interim injunction granted earlier has come to end and it is not in force. Upon production of such order, the respondents 1 and 2 are directed to disburse the family pension by crediting the amount to the petitioner's account.

5. With the above direction, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Registrar, Madurai Kamarajar University, Palkalai Nagar, Madurai - 625 021.

2. The Branch Manager, State Bank of India, Kamarajar University Branch, Palkalai Nagar, Madurai - 625 021.

+ 1 CC TO Mr.B.JEYAKUMAR, ADVOCATE IN SR No. 61696 + 1 CC TO Mr.R.M.MAKESH KUMARAVEL, ADVOCATE IN SR No. 61558 PMU TE/JC/SAR-I : 04/07/2017 : 2P/5C ORDER MADE IN W.P.(MD)No.24281 of 2016 and W.M.P.(MD)No.17538 of 2016 22.06.2017 https://hcservices.ecourts.gov.in/hcservices/