Madras High Court
Jennathu Niza vs State Of Tamilnadu on 1 February, 2021
W.P.No.3867 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.3867 of 2014
and
M.P.No.1 of 2014
Jennathu Niza ... Petitioner
Vs.
1.State of Tamilnadu
Rep. by its Secretary,
Department of Rural Development and Panchayat Raj,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Rural Development and Panchayat Raj,
Panagal Building, Saidapet,
Chennai – 600 015.
3.The Commissioner,
Panchayat Union,
Sembanar Koil,
Nagapattinam District.
4.The Director (Administration)
Department of Medicine and Rural Development,
No.354, Anna Salai,
Chennai – 600 006. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to implement the
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W.P.No.3867 of 2014
judgments of the Civil Court namely A.S.No.136 of 2000 on the file of
Principal District Judge at Nagapattinam dated 04.01.2001 and
A.S.No.8 of 2003 dated 29.09.2006 on the file of Additional District
Judge at Karikal, by disbursing the retirement benefits such as
Provident Fund, Gratuity, Family Welfare Fund, pension and other
retirement benefits of deceased Dr.K.A.Mohammad Usman to the
petitioner, as the petitioner is the legally wedded wife to deceased
Dr. K.A.Mohammad Usman.
For Petitioner : Mr.S.Balasubramanian
For Respondents : Mr.P.Chinnadurai for R1, R2 and R4
Additional Government Pleader
Mr.N.Srinivasan for R3
ORDER
The petitioner has filed this writ petition seeking direction to
the the respondents to implement the judgments namely A.S.No.136
of 2000 dated 04.01.2001 passed by the learned Principal District
Judge at Nagapattinam and A.S.No.8 of 2003 dated 29.09.2006
passed by the learned Additional District Judge at Karaikal, by
disbursing the retirement benefits of deceased Dr.K.A.Mohammad
Usman to the petitioner, as she is his legally wedded wife.
2.The case of the petitioner is as follows:
2.1 She is the legally wedded wife of deceased
Dr.K.A.Mohammad Usman who died on 28.03.1997 while he was in
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W.P.No.3867 of 2014
service as Siddha Doctor at Thirukalacherai under the control of the
respondents. Thereafter, the petitioner made representation to the
respondents seeking retirement benefits of her husband, however,
the same were denied on the ground that several ladies claim to be
the legally wedded wife of deceased Dr.K.A.Mohammad Usman.
2.2 The petitioner further stated that she filed O.S.No.181 of
1999 before the learned District Munsif, Nagapattinam, for passing
over the properties of her husband to her for maintenance, but the
said suit was dismissed. Challenging the same, she filed A.S.No.136
of 2000 before the learned Principal District Judge at Nagapattinam
and the said appeal was allowed on 04.01.2001.
2.3 While so, one Haija Gani filed O.S.No.240 of 1999 before
the learned District Munsif at Karaikal to declare that she is the
legally wedded wife of the deceased Dr.K.A.Mohammad Usman and
obtained an exparte decree on 12.11.1999. Thereafter, the petitioner
filed O.S.No.185 of 2000 before the learned District Munsif at Karaikal
to declare the decree in O.S.No.240 of 1999 as null and void, but the
said suit was dismissed. Challenging the same, the petitioner filed
A.S.No. 8 of 2003 before the learned Additional District Judge at
Karaikal and the said appeal was allowed on 29.09.2006.
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W.P.No.3867 of 2014
2.4 Thereafter, the petitioner produced all the necessary
documents to the third respondent and made representation seeking
retirement benefits due to her husband, however, the same were not
disbursed to her, till date. Hence, this writ petition.
3.Today, when the matter was taken up for consideration, the
learned Additional Government Pleader appearing for the respondent
authorities submitted that copies of certain documents are called for
from the petitioner and as soon as the petitioner produces the same,
the respondents will consider the claim of the petitioner.
4.The learned counsel appearing for the petitioner sought time
for production of the copies of the documents as called for by the
respondents.
5.In view of the above, the petitioner is directed to produce the
copies of the documents called for from her to the respondents,
within a period of two weeks from the date of receipt of a copy of this
order. On receipt of the same, the respondents are directed to
consider the claim of the petitioner and pass appropriate orders,
within a period of six weeks thereafter.
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W.P.No.3867 of 2014
6.Accordingly, this writ petition stands disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
01.02.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Secretary,
Department of Rural Development and Panchayat Raj,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Rural Development and Panchayat Raj,
Panagal Building, Saidapet,
Chennai – 600 015.
3.The Commissioner,
Panchayat Union,
Sembanar Koil,
Nagapattinam District.
4.The Director (Administration)
Department of Medicine and Rural Development,
No.354, Anna Salai,
Chennai – 600 006.
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W.P.No.3867 of 2014
R.MAHADEVAN,J.
pri
W.P.No.3867 of 2014
And
M.P.No.1 of 2014
01.02.2021
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