Velayutham v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Velayutham ... Petitioner Vs 1.Union of India, Rep. by its Secretary, Ministry of External Affairs, 74 B, South Block, New Delhi - 110 001.
2.Union of India, Rep. by its Secretary, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chanakiapuri, New Delhi - 110 021.
3.The Protector General of Emigrants, Ministry of Overseas Indian Affairs, 9th floor, Akbar Bhavan, Chanakiapuri, New Delhi - 110 001.
4.The Protector of Emigrants, Protector of Emigrant Office Mumbai, Building 'E' Khira Nagar, S.V.Road, Sanctacruz (West) Mumbai - 400 054.
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5.The Protector of Emigrants, 4/4, 100 feet road, Zaffaarkhanpet, Indira Colony, Ashok Nagar, Chennai - 600 083.
6.The Princiapl Secretary and Commissioner, The Commissionerate of Rehabilitation And Welfare of Non-Resident Tamils, Chepauk, Chennai - 600 005.
7.The District Collector, Thanjavur.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to bring back the mortal remains of the petitioner's son namely Jayaraj, Indian Passport Holder - Passport No.N9868879 who is alleged to have died in his company at Dammam in Saudi Arabia and to take action to recover pay and other monetary benefits from the company on the death of his son.
For Petitioner : Mr. D.Ramesh Kumar For R1 to R5 : Mr.K.Kuttalanathan For R6 & R7 : Mr.A.Kannan Additional Government Pleader
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to bring back the mortal remains of the petitioner's son namely Jayaraj, Indian Passport Holder - Passport No.N9868879 who is alleged to have died in his 2/6
company at Dammam in Saudi Arabia and to take action to recover pay and other monetary benefits from the company on the death of his son. 2.Heard Mr.D.Ramesh Kumar, learned counsel appearing for the petitioner, Mr.K.Kuttalanathan, learned counsel appearing for the respondents 1 to 5 and Mr.A.Kannan, learned Additional Government Pleader appearing for the respondents 6 & 7.
3.The Petitioner's case is that the petitioner has been elected as Village Panchayat President, Kulamangalam Village, Orathanadu Taluk, Thanjavur District. The petitioner's son namely Jeyaraj, aged 32 years married to one Kannagi went to Dammam, Saudi Arabia and has been working in SRACO Company for civil work. He went there during 2018 his Passport number is N9868879. The petitioner's daughter-inlaw received in a call few days back by his son Jeyaraj and he informed her that there was a wordy quarrel between him and his superior officer. Thereafter, a couple of days back by 10.30 a.m., his daughter-in-law received call from by mobile No.7428541133 and she was informed that his son committed suicide. A photograph was also forwarded to his daughter-in-law. A copy of the said photo is also annexed herewith. On seeing the photo, one can doubt the cause of death, because his son was sitting in the tap in the bathroom. It creates serious doubts about the genuineness of the message 3/6
passed on to his daughter-in-law. Anyhow, in order to do the last rights as per Hindu Rites and Customs, the mortal remains of his son has to be brought back from Saudi Arabia to India.
4. The petitioner has given a representation on 10.10.2022 to the District Collector, Thanjavur and the same was sent to the sixth respondent on 12.12.2022 in R.C.No.3551 of 2022/C4. Again on 13.10.2022 he has sent representation to the respondents herein to bring back the mortal remains of his son Jeyaraj and also to take steps to get back the monetary and death benefits on the death of his son from the company concerned. Since, the respondents have not taken any steps, the petitioner has approached this Court by way of filing the present writ petition for the above said relief.
5.The learned counsel appearing for the respondents 1 to 5 would submit that the authorities Ministry of External Affairs of India is taking stringent steps enabling the authority to go to such country viz., Dammam to bring back the body of the said deceased person namely Jeyaraj, S/o.Velayutham as expeditiously as possible as the family members are in deep grief and in very pathetic condition. 4/6
6. Recording submission made by the learned counsel appearing for the respondents 1 to 5, this writ petition is disposed of. No costs. Index : Yes/No 25.11.2022 am 1.The Secretary, Union of India, Ministry of External Affairs, 74 B, South Block, New Delhi - 110 001.
2.The Secretary, Union of India, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chanakiapuri, New Delhi - 110 021.
3.The Protector General of Emigrants, Ministry of Overseas Indian Affairs, 9th floor, Akbar Bhavan, Chanakiapuri, New Delhi - 110 001.
4.The Protector of Emigrants, Protector of Emigrant Office Mumbai, Building 'E' Khira Nagar, S.V.Road, Sanctacruz (West) Mumbai - 400 054.
5.The Protector of Emigrants, 4/4, 100 feet road, Zaffaarkhanpet, Indira Colony, Ashok Nagar, Chennai - 600 083.
6.The Princiapl Secretary and Commissioner, The Commissionerate of Rehabilitation And Welfare of Non-Resident Tamils, Chepauk, Chennai - 600 005.
7.The District Collector, Thanjavur.
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V.BHAVANI SUBBAROYAN, J.
am 25.11.2022 6/6