Madras High Court
The Tamil Nadu Industrial ... vs T.Rathikala on 27 January, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)NO.1421 OF 2017
and
C.M.P(MD)No.10635 of 2017
The Tamil Nadu Industrial Cooperative Bank Limited,
represented by its Branch Manager,
K.John Musthafa,
:Appellant/Third Party
.vs.
1.T.Rathikala
2.The Chief Engineer,
P.W.D Water Resources Organization,
Chepak,
Chennai. :Respondent/Petitioner
3.The Superintending Engineer,
P.W.D Water Resources Organization,
Chepak,
Chennai.
4.The Executive Engineer,
P.W.D Water Resources Organization,
Mel Vaiparu Basin Region,
Rajapalayam,
Virudhunagar District. : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
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2
W.P(MD)No.4043 of 2017, dated 18.07.2017.
For Appellant :Mr.G.Arunachalam
For Respondent-1 :Mrs.Lakshmi Gopinathan
for M/s.Polax Legal Solutions
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order passed by this
Court in W.P(MD)No.4043 of 2017, dated 18.07.2017.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The Original Writ Petitioner filed the Writ Petition for a
mandamus directing the respondents therein to disburse the death
gratuity, family pension, Provident Fund and all other monetary
benefits of the Petitioner's husband Late.Thirupathy Venkatachalam
to the Petitioner and to her children. After considering the plight of
the Petitioner, this Court, by order, dated 18.7.2017, directed the
fourth respondent herein to pay the Petitioner gratuity, family
pension including arrears of pension and other monetary benefits
payable to the Petitioner's husband within a period of four weeks
from the date of receipt of a copy of this order.
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4.The appellant herein is a third party, the Tamil Nadu
Industrial Co-operative Bank Limited,Sivakasi. According to the
appellant, the order is passed by the learned Single Judge without
considering the dues due to the appellant. Whether the appellant is
a necessary party in a mandamus is a question which is not gone
into. Now the learned counsel for the appellant himself has stated
that pursuant to the order of the learned Single Judge, already the
fourth respondent had paid the amount that were due to the
Petitioner payable to her deceased husband. Therefore, nothing
survives for further adjudication and it is open to the appellant to
recover the amount due to the Petitioner's husband in the manner
known to law, if so advised.
5.Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is dismissed.
[P.S.N.,J.] & [S.K.,J.]
27.01.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
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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 Chief Engineer,
P.W.D Water Resources Organization,
Chepak,
Chennai.
2.The Superintending Engineer,
P.W.D Water Resources Organization,
Chepak,
Chennai.
3.The Executive Engineer,
P.W.D Water Resources Organization,
Mel Vaiparu Basin Region,
Rajapalayam,
Virudhunagar District.
http://www.judis.nic.in
PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1421 OF 2017
and
C.M.P(MD)No.10635 of 2017
http://www.judis.nic.in
27.01.2021
http://www.judis.nic.in
