Achammal, W/O Gurusamy, v. The Principal Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.03.2023 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.15479 of 2014 and M.P.(MD).No.1 of 2014 Achammal Petitioner Vs 1.The Principal Secretary, External Affairs Department, South Block, Parliament Complex, New Delhi-1, 2.The Principal Secretary, Indian Overseas Ministry, South Block, Parliament Complex, New Delhi-1.
3.The District Collector, Office of the District Collector, Thoothukudi District.
4.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.
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5.The Commissioner, Commissioner of Rehabilitation and Velinaduval Tamilargal Nala Anayaragam, State of Tamilnadu, Cheppakkam, Chennai.
6.The Inspector of Police, Puthiyamputtur Police Station, Thoothukudi District.
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent Nos.1, 2 and 3 to take necessary action to get Workman Compensation, Insurance, Salary arrears and other monetary benefits payable to the petitioner and her children for the death of her husband in the working place in Saudi Arabia. For Petitioner :Mr.R.Alagumani For R1 and R2 :Mr.K.R.Laxman For R3 and R5 :Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 and R6 :Mr.P.Kottai Chamy Government Advocate
O R D E R
The petitioner is the wife of one Gurusamy, who died in Saudi Arabia, while he was working in some contract work. The petitioner has approached the authorities for bringing the body of the 2/7
petitioner's husband from Saudi Arabia. Even after 35 days of death, the respondents have not acted upon it and the body could not be received. Therefore, the petitioner has filed this writ petition in the year 2014, for a Mandamus, directing the respondents 1 to 3 to take necessary action to get the Workmen Compensation, Insurance, salary arrears and other monetary benefits payable to the petitioner and her children, for the death of her husband in the working place at Saudi Arabia.
2.This Court by an order, dated 24.09.2014, issued a direction to the respondents 1 & 2 to render all assistance to the petitioner and her family members by issuing appropriate proceedings/Advice to the Indian High Commission at Jeddah so as to enable the petitioner to secure her husband's body and to bring the same to India. The Court has also directed the authorities to furnish the Post Mortem Certificate, the report relating to cause of the death and the details whether any criminal proceedings have been initiated and other records if any to the petitioner.
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3.The learned counsel appearing for the petitioner seeks short accommodation to ascertain the present stage. 4.The learned Additional Government Pleader appearing for the official respondents submits that the body of the petitioner's husband was brought to India on 16.10.2014 and was also cremated. The Department has also taken steps to recover the arrears of salary from the employer of the petitioner's husband. They have recovered a sum of Rs.75,000/- as salary arrear amount and Rs.5,00,000/- towards insurance. The petitioner herself has given a letter to the Sub Inspector of Police, Puthiaymputhur Police Station admitting the receipt of a sum of Rs.75,000/- and the additional sum of Rs.5,00,000/- on insurance and also made a request in writing that she is not interested to proceed further with this writ petition. 5.Recording the submissions made on behalf of the respondents, this writ petition is closed as no further order is 4/7
required. No costs. Consequently, connected Miscellaneous Petition is closed.
24.03.2023 NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
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To 1.The Principal Secretary, External Affairs Department, South Block, Parliament Complex, New Delhi-1, 2.The Principal Secretary, Indian Overseas Ministry, South Block, Parliament Complex, New Delhi-1.
3.The District Collector, Office of the District Collector, Thoothukudi District.
4.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.
5.The Commissioner, Commissioner of Rehabilitation and Velinaduval Tamilargal Nala Anayaragam, State of Tamilnadu, Cheppakkam, Chennai.
6.The Inspector of Police, Puthiyamputtur Police Station, Thoothukudi District.
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B.PUGALENDHI, J vrn Order made in W.P(MD) No.15479 of 2014 and M.P.(MD).No.1 of 2014 24.03.2023 7/7