Krishnaveni vs The Director General Of Police
2023 Latest Caselaw 1460 Mad

                                                                            W.P.(MD)No.2454 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:07.02.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            W.P.(MD)No.2454 of 2023

                     Krishnaveni                                         ... Petitioner
                                                           Vs.

                     1.The Director General of Police,
                       Post Box No.601,
                       Dr.Radhakrishnan Salai,
                       Mylapore,
                       Chennai – 600 004.

                     2.The Inspector General of Police,
                       Kajamalai Colony,
                       Edamalaipatti Pudur,
                       Trichy – 620 023.

                     3.The Superintendent of Police,
                       Nagapattinam District,
                       Nagapattinam.                                    ... Respondents
                     Prayer:Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents to grant the
                     family Pension, Gratuity and other monetary benefits of the petitioner's
                     deceased husband namely Moorthy P.C.1084 by considering the
                     petitioner's representation, dated 07.10.2022.


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https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.2454 of 2023




                                        For Petitioner            : M/s.A.Banumathy
                                        For Respondents           : Mr.G.V.Vairam Santhosh,
                                                                  Additional Government Pleader


                                                           ORDER

This writ petition has been filed to direct the respondents to grant

the Family Pension, Gratuity and other monetary benefits of the

petitioner's deceased husband namely Moorthy P.C.1084, by considering

the petitioner's representation, dated 07.10.2022.

2. The case of the petitioner is that her husband by name Moorthy

was employed as a Police Constable at the Thanjvur East Police Circle.

While he was in service, the petitioner's husband declared her as a

nominee to receive the retirement benefits. Subsequently, he died on

31.07.1979. According to the petitioner, she and her monther-in-law are

the legal heirs of her husband. While being so, her mother-in-law filed a

suit in O.S.No.2432 of 1979 praying for declaration, declaring that she is

also a heir to the deceased Moorthy to receive the gratuity amount. The

said suit was allowed. Challenging the same, the petitioner preferred an

https://www.mhc.tn.gov.in/judis W.P.(MD)No.2454 of 2023

appeal. The lower Appellate Court allowed the appeal and set aside the

decree of the trial Court. Challenging the same, the petitioner's

mother-in-law filed a second appeal before this Court. The second

appeal was allowed and the judgment of the lower appellate Court was

set aside and the judgment of the trial Court was restored. While being

so, the mother-in-law of the petitioner died on 10.03.2012. However,

terminal benefits of the petitioner's husband was disbursed to the

petitioner. Hence, the petitioner has made a representation to the

respondents on 07.10.2022 seeking to disburse the terminal benefits.

Since no order was passed till date, the petitioner has filed this writ

petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit

that, it would suffice, if the second respondent is directed to dispose of

the representation of the petitioner, dated 07.10.2022, on merits and in

accordance with law, within a specified period.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.2454 of 2023

4. The learned Additional Government Pleader appearing for the

respondents, has no serious objection for such an order being passed by

this Court.

5. Considering the limited request made by the learned counsel for

the petitioner, this Court, without going into the merits of the matter,

directs the second respondent to consider the petitioner's representation,

dated 07.10.2022 and pass appropriate orders, on merits and in

accordance with law, within a period of four weeks from the date of

receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of.

No Costs.

07.02.2023

PM NCC:Yes/No Index:Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis W.P.(MD)No.2454 of 2023

To:

1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.

2.The Inspector General of Police, Kajamalai Colony, Edamalaipatti Pudur, Trichy – 620 023.

3.The Superintendent of Police, Nagapattinam District, Nagapattinam.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.2454 of 2023

M.DHANDAPANI,J.

pm

W.P.(MD)No.2454 of 2023

07.02.2023

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