Palaniyammal v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9533 of 2016 Palaniyammal ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, (East Union), Madurai East Panchyat, Pudhur Union, Madurai.
3.The Commissioner, Madurai East Panchayat Union, Pudhur, Madurai.
4.The Executive Officer, Y.Othakadai Panchayat, Y.Othakadai, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to consider and pass order on the representation dated 27.04.2016 requesting the Respondents to pay the retirement and death benefit of the Petitioners father-in-law Joseph and mother -in-law Ramayee, who worked as a sweeper at the fourth Respondent Office to the legal heirs including the Petitioner herein.
For Petitioner : Mr.V.Illanchezian For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader
ORDER
The Writ Petition has been filed seeking a direction to the respondents to consider and pass order on the representation, dated 27.04.2016 submitted by the petitioner.
2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record. 3.The case of the petitioner is that her father-in-law Joseph and mother-in-law Ramayee were worked as Sweepers in the fourth respondent and they died. However, the respondents have not disbursed the retirement and death benefits due to the deceased to their legal heirs including the Petitioner herein. Hence, the petitioner made a representation dated 27.04.2016 to the respondents seeking disbursement of retirement and death benefits. Since the same has not been considered so far, the present Writ Petition has been filed by the petitioner.
4.The learned Special Government Pleader submitted that the representation of the petitioner would be considered by the respondents within a stipulated time as fixed by this Court. 5.Considering the nature of the relief sought for by the petitioner, without going into the merits of the petitioner's case, the respondents are directed to consider the representation of the petitioner dated 27.04.2016, if there are no other legal impediments and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6.The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, (East Union), Madurai East Panchyat, Pudhur Union, Madurai.
3.The Commissioner, Madurai East Panchayat Union, Pudhur, Madurai.
4.The Executive Officer, Y.Othakadai Panchayat, Y.Othakadai, Madurai District.
+1 CC to M/s.V.ILLANCHEZIAN, Advocate in SR-56751 W.P(MD)No.9533 of 2016 26.03.2019 ssl PK/22.04.2019 : 3P/6C