The Commissioner vs A.Eswari
2021 Latest Caselaw 5815 Mad

                                                                         W.A.(MD)No.497 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 04.03.2021

                                                   CORAM:
                              THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                     AND
                               THE HONOURABLE MRS.JUSTICE S.ANANTHI
                                           W.A.(MD)No.497 of 2021
                                                      and
                                          C.M.P.(MD)No.2109 of 2021


                 1.The Commissioner,
                   Trichy Corporation,
                   Trichy.

                 2.The Assistant Commissioner,
                   Srirangam Division,
                   Trichy Corporation,
                   Trichy.                                                  : Appellants

                                                      Vs.

                 1.A.Eswari

                 2.The Deputy Director,
                   Local Fund Audit,
                   Trichy Corporation,
                   Trichy.                                                  : Respondents

                 PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the order

                 dated 08.02.2019 made in W.P.(MD)No.2813 of 2019.
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                                                                             W.A.(MD)No.497 of 2021



                                    For Appellants           : Mr.S.Saji Bino


                                                        *****


                                                     JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This writ appeal has been preferred by the appellants, who have been

arrayed as the respondents 1 and 2 in the writ petition. The 1st respondent before

us being the writ petitioner sought for a writ of mandamus, directing the appellants

to disburse the gratuity, family pension and other benefits, which is otherwise

payable, in pursuant to the death of her husband by name, one Andavar.

2.It appears that the proceedings have been initiated as against him

and thereafter, got abated pursuant to his demise.

3.The learned Single Judge, by order, dated 08.02.2019, merely, direct

the appellants to look into the grievance of the first respondent and pass

appropriate orders.

http://www.judis.nic.in W.A.(MD)No.497 of 2021

4.In such view of the matter, we do not find any reason to entertain

this appeal, as the appellants cannot be aggrieved by the aforesaid action.

Admittedly, the representation made on 16.07.2018 followed by the remainder

dated 31.01.2019 are pending consideration of the appellants. It is for them to

pass appropriate orders in accordance with law.

5.Accordingly, the writ appeal stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                 Index       : Yes / No                     [M.M.S.,J.] [S.A.I.,J.]
                 Internet    : Yes                              04.03.2021
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                            W.A.(MD)No.497 of 2021

                             M.M.SUNDRESH, J.

                                             AND

                                  S.ANANTHI, J.

                                               rm




                          W.A.(MD)No.497 of 2021




                                       04.03.2021








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