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Madras High CourtWP(MD)/22875/2023disposed of

Prithivirajan.P v. The Commissioner

2023-09-20Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Prithivirajan ... Petitioner Vs.

1.The Commissioner, O/o. The Municipality Commissioner, Pudukkottai Municipality, Pudukkottai.

2.The Commissioner, Madhurandakam Municipality, Chengapattu District.

... Respondents (R2 is suo motu impleaded by this Court vide order, dated 20.09.2023) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to release all the terminal benefits of the deceased father of the petitioner named K.Panneerselvam S/o.Kaliyaperumal who had worked as a Sanitary Inspector in the respondent office in accordance with law based upon the representation of the petitioner, dated 03.02.2023 within a time frame to be stipulated by this Court.

For Petitioner : Mr.N.Sankar Ganesh 1/4

For Respondents : Mr.S.Kameshwaran Standing Counsel

ORDER

The Commissioner, Madhurandakam Municipality, Chengaipattu District is suot moto impleaded as 2nd respondent. The present writ petition has been filed seeking direction to the respondent to release all the terminal benefits of the deceased father of the petitioner named K.Panneerselvam S/o.Kaliyaperumal who had worked as a Sanitary Inspector in the respondent office in accordance with law based upon the representation of the petitioner, dated 03.02.2023 within a time frame to be stipulated by this Court.

2. The petitioner's father, namely Panneerselvam was employed as a Sanitary Inspector in the Municipal Administration department at the first instance with the 2nd respondent and lastly he served in the 1st respondent office until his death on 31.01.2012. He had put in his total service of 34 years with the 1st and 2nd respondent Municipalities respectively. The petitioner's father was transferred from 2nd respondent Municipality to the 1st respondent Municipality on 11.01.2012 wherein he worked until he died. The petitioner had sent a detailed representation to release the terminal benefits of his deceased father vide representation, dated 03.02.2023 to the 1st respondent and 2/4

the same was also acknowledged by the respondents. However, there is no positive action. Hence, this writ petition came to be filed.

3. Without going into the merits of the case, this Court hereby directs the 2nd respondent to give the complete details as to the service of the petitioner's father to the 1st respondent within a period of four (4) weeks from the date of receipt of a copy of this order. The 1st respondent, on receipt of the same, shall consider the representation made by the petitioner on 03.02.2023 and pass appropriate orders in accordance with law within a period of eight (8) weeks thereafter.

4. Accordingly, this Writ Petition stands disposed of. No costs. 20.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 3/4

L.VICTORIA GOWRI, J.

gbg To 1.The Commissioner, O/o. The Municipality Commissioner, Pudukkottai Municipality, Pudukkottai.

2.The Commissioner, Madhurandakam Municipality, Chengapattu District.

20.09.2023 4/4