G.Andal vs The District Collector
2021 Latest Caselaw 6436 Mad

                                                                                      W.P.No.6187 of 2021

                                         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 10.03.2021

                                                             CORAM

                                       THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                     W.P.No.6187 of 2021
                  G.Andal                                                                   ... Petitioner
                                                               -vs-
                  1. The District Collector,
                     Kancheepuram Collectorate Office,
                     Kancheepuram, Kancheepuram District.

                  2. The Revenue Divisional Officer,
                     Kancheepuram Collectorate Office,
                     Kancheepuram, Kancheepuram District.

                  3. The Tahsildar,
                     Having Office at Wallajahbad
                     Wallajahbad, Kancheepuram District.

                  4. Mr.E.Gangatharan                                                    ... Respondents

                  Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ
                  of Mandamus, directing the respondents 1 to 3 to dispose of the petitioner's
                  representation dated 11.01.2021.
                                   For Petitioner       : Mr.B.Singaravelu

                                   For R1 to R3         : Mr.J.Pothiraj
                                                          Spl. Govt. Pleader
                                                                *****
                                                             ORDER

The petitioner has filed this writ petition, seeking a direction to the

respondents 1 to 3 to dispose of the petitioner's representation dated

11.01.2021.

https://www.mhc.tn.gov.in/judis/ W.P.No.6187 of 2021

2. Mr.J.Pothiraj, learned Special Government Pleader takes notice for

R1 to R3. Notice to R4 is dispensed with, as no adverse order is going to be

passed against him in this case. By consent, the Writ Petition is taken up for

final disposal at the admission stage itself.

3. The case of the petitioner is that 4th Respondent is her husband and

out of wedlock, they were blessed with one daughter and two sons. Thereafter,

due to difference of opinion, both got separated and since then, she has been

taking care of her children's education with the meagre amount earned by her.

It is further case of the petitioner that she had obtained a loan of Rs.5,00,000/-

for her children's education and though her husband has been working as Village

Assistant in the Office of the respondents 1 to 3, he had not contributed any

money for the welfare of the children and she herself managed to collect money

for the marriage of her daughter. It is also the case of the petitioner that 4th

respondent filed HMOP No.165 of 2009 on the file of the Sub-Judge,

Kancheepuram for divorce on the ground of cruelty and desertion and he was

acquitted in C.C.No.50 of 2006 by the Judicial Magistrate, Uthiramerur. It is

stated by the petitioner that her younger son died in a road accident on

19.05.2019 and the entire family is in distress condition. It is further stated that

4th respondent is likely to retire on 31.03.2021 on completion of 60 years of age

and she made a representation to the respondents 1 to 3 on 11.01.2021 for

disbursement of his retirement benefits to her and children. Since the said

https://www.mhc.tn.gov.in/judis/ W.P.No.6187 of 2021

representation did not evoke any response, she is before this Court seeking for

the above relief

4. The prayer sought for in this Writ Petition is not maintainable and

the petitioner cannot ask for such a blanket direction. When an employee

retires from service, it is the bounden duty of the employer to disburse all the

terminal benefits due to him. Unless or otherwise there is a decree and

judgment, attaching the property, terminal benefits, etc., of the 4th

Respondent, the petitioner is not entitled to the relief. In this case, there is no

documentary evidence or judgment and decree produced by the petitioner in

support of her case. Though the petitioner has sought for a direction to dispose

of her representation dated 11.01.2021, the grant of such relief will definitely

give rise to another round of litigation and this Court do not want to pave way

to one more legacy of litigation between the parties.

5. Hence, finding no substance or merits in the case of the petitioner,

the Writ Petition is dismissed. No costs.

10.03.2021 Index: Yes / No Speaking order: Yes / No ar

https://www.mhc.tn.gov.in/judis/ W.P.No.6187 of 2021

S.VAIDYANATHAN, J.

ar To:

1. The District Collector, Kancheepuram Collectorate Office, Kancheepuram, Kancheepuram District.

2. The Revenue Divisional Officer, Kancheepuram Collectorate Office, Kancheepuram, Kancheepuram District.

3. The Tahsildar, Having Office at Wallajahbad Wallajahbad, Kancheepuram District.

W.P.No.6187 of 2021

10.03.2021

https://www.mhc.tn.gov.in/judis/