Minor K.Pavithran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Minor K.Pavithran, S/o. Late. Kumarasamy, Rep. through his Next Friend and his Mother, R.Manimegala, W/o. Late.M.Kumarasamy, No. DG1, Mitha Manasa Apartment, Sri Nagalakshmi Nagar, Nachikurichi, Srirengam Taluk, Trichy District.
... Petitioner -vs1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirengam, Trichy District.
3.The Tahsildar, Srirengam Taluk Office, Srirengam, Trichy District.
4.The Principal Accountant General (A and E), Office of Accountant General (A and E), Office of Accountant General (A and E), No. 361, Anna Salai, Teynampet, Chennai - 600018.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction and settle the death cum retirement benefits, family pension and all other benefits to the petitioner (Minor K.Pavithran) due to death of petitioner's father namely, Kumarasamy, based on petitioner's representation dated 26.06.2024, within stipulated time fixed by this Court.
For Petitioner : Mr.S.Sankarasubramanian For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to sanction and disburse the Death-cum-Retirement Benefits, Family Pension and all other terminal benefits due to the petitioner (Minor K.Pavithran) on account of the demise of his father, Kumarasamy, by considering the petitioner's representation dated 26.06.2024 and to pass appropriate orders within the time frame as may be stipulated by this Court.
2. According to the petitioner, he is a minor and the son of Late M.Kumarasamy, who was serving as an 'Administrative Officer' at Navalurkuttapattu, Srirangam Taluk, Trichy District. Unfortunately, his father died unexpectedly on 14.06.2020 while in service. Following his demise, the
petitioner and his mother, who are the only legal heirs, have been left without any financial support. The petitioner's mother is finding it extremely difficult to manage day-to-day living expenses, medical needs and educational costs, including school fees and related expenses for the minor petitioner. The petitioner is legally entitled to receive the Death-cum-Retirement Benefits, Family Pension, and other service-related terminal benefits arising from the death of his father. A detailed representation along with all necessary documents was submitted to the respondents on 26.06.2024 by registered post, requesting sanction and settlement of the aforesaid benefits. However, despite the lapse of considerable time, no action has been taken by the respondents. Hence, the petitioner is left with no alternative but to approach this Court seeking appropriate directions through this writ petition.
3. Heard both sides.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of
keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 26.06.2024, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 17.07.2025 Index : Yes / No smn2
To:- 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Srirengam, Trichy District.
3.The Tahsildar, Srirengam Taluk Office, Srirengam, Trichy District.
4.The Principal Accountant General (A and E), Office of Accountant General (A and E), Office of Accountant General (A and E), No. 361, Anna Salai, Teynampet, Chennai - 600018.
VIVEK KUMAR SINGH , J.
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