Madras High CourtWP(MD)/25040/2018closed

R.Ganesh, S/O.Rama Pillai, v. The Secretary,

2021-11-09Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.25040 of 2018 R.Ganesh .. Petitioner Vs.

1.The Secretary Department of Diary and Milk Development St.George Fort Chennai

2. The Managing Director Tamil Nadu Co-operative Milk Producer's Federation Ltd Aavin Illam, Madhavaram Milk Colony Chennai- 600 051

3. The Manager Tiruchirapalli Co-Operative Milk Producer's Union Ltd., Kottapattu, Trichy 620023 .. Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third respondent to consider the representation dated 10.02.2018 and disburse provident fund, Gratuity and other benefits in accordance with the Succession Certificate dated 19.12.2013 in Succession O.P. No.24 of 2003.

For Petitioner : No appearance For R1 : Mr.K.S.Selvaganesan Standing Counsel for State For R2 and R3 : No appearance

ORDER

The petitioner who was aged about 79 years at the time of filing the Writ Petition has sought a Writ of Mandamus directing the third respondent, that is, The Manager, Tiruchirapalli Co-Operative Milk Producer's Union Ltd, Kottapattu, Trichy to consider his representation dated 10.02.2018 and disburse the provident fund, Page No.1 of 3

Gratuity and other benefits in accordance with the Succession Certificate dated 19.12.2013 in Succession O.P. No.24 of 2003.

2. The petitioner is un-represented today. However Mr. K.S.Selvaganesh learned counsel appearing on behalf of the respondents has circulated copies of the proceedings in Na.Ka.No.20127/P&E/2018 dated 02.01.2019 and 26.08.2021 referring to this Writ Petition and calling for certain documents to process the claim. The pendency of this writ petition is also cited as an impediment to the processing of the claim. He would thus submit that R3 is ready and willing to process the petitioner's claim subject to the relevant details being produced.

3. Thus, and in the light of the above, a direction is issued to R3 to call upon the petitioner or his representative, procure necessary documents and details, process his claim and pay over the amounts, as appropriate, to the petitioner. This exercise shall be concluded within a period of eight weeks from the date of uploading of this order copy in the official website of this Court. This Writ Petition is closed as above. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Aav Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary Department of Diary and Milk Development St.George Fort, Chennai.

2. The Managing Director Tamil Nadu Co-operative Milk Producer's Federation Ltd Aavin Illam, Madhavaram Milk Colony Chennai- 600 051 Page No.2 of 3

3. The Manager Tiruchirapalli Co-Operative Milk Producer's Union Ltd., Kottapattu, Trichy 620023 +1 CC to M/s.SPL.GP ( SR-33946[F] dated 10/11/2021 ) W.P.(MD)No.25040 of 2018 09.11.2021 RD(09.12.2021) 3P 5C Page No.3 of 3