V.S.D.Mohanan v. The Secretary To The Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.S.D.Mohanan ... Petitioner Vs.

1.The Secretary to the Government of Tamil Nadu, Public Department (Pensions Political), Fort St.George, Chennai.

2.The District Collector, Virudhunagar District, Virudhunagar.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned order of the 2nd respondent in Na.Ka.J3/42295/2015 dated 28.09.2015 and quash the same and consequently direct the respondents to sanction the Political Pension for the petitioner by including petitioner name in the list of descendants of King Maruthu Pandiyar Brothers. For Petitioner : Mr.T.S.Mohammed Mohideen For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader 1/4

ORDER

Heard both sides.

2. The writ petitioner applied to the Government for sanctioning political pension on the ground that he is a descendant of one of the legendry Maruthu Pandiyar Kings. The petitioner's request was rejected. Challenging the same, the present writ petition came to be filed.

3. The learned counsel appearing for the petitioner points out that the Government constituted a committee to finalise the list of descendants of Maruthu Pandiyar brothers of Sivagangai and the committee identified as many as 202 persons as descendants. The petitioner's mother Sundarammal is figuring at Serial No.167. In the said list, interestingly, the petitioner's brother Duraisingham is figuring at Serial No.144. Therefore, there is no difficulty in accepting the petitioner's claim that he is one of the descendants of Periya Maruthu. To this extent, declaration is granted in favour of the 2/4

petitioner. However, his request for grant of political pension cannot be accepted. This is because, the policy of the Government is to grant pension only to one of the legal heirs per family. The petitioner's brother Duraisingam admittedly is getting political pension in terms of the said G.O. Therefore, even while granting declaration sought for by the petitioner, his prayer for grant of pension stands rejected.

4. The Writ Petition is partly allowed. No costs. 02.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary to the Government of Tamil Nadu, Public Department (Pensions Political), Fort St.George, Chennai.

2.The District Collector, Virudhunagar District, Virudhunagar.

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G.R.SWAMINATHAN, J.

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