K.Kuppuraj(Deceased) vs The Chairman
2023 Latest Caselaw 6366 Mad

                                                                         W.P.No.30063 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED : 16.06.2023
                                                    CORAM
                                   THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                             W.P.No. 30063 of 2019

                  K.Kuppuraj(Deceased)
                  2.K.Amaravathy
                  3.Bismel Rubeena
                  4.Govindaraj
                  5.Kalaivani
                  (P2 to P5 substituted as LR's of deceased
                  sole petitioner vide order dated 10.11.2022
                  made in WMP.No.27234/2022 in W.P.No.30063/2019)              ... Petitioner
                                                       Versus

                  1.The Chairman
                    Chennai Port Trust.

                  2.The Traffic Manager,
                   Chennai Port Trust.

                  3.The Senior Deputy Traffix Manager,
                    Porterage/CHD
                    Chennai Port Trust.

                  4.Accounts Officer(Pension)
                    Chennai Port Trust.                                      ... Respondents


                  PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                  India, prays to issue a Writ of Certiorarified Mandamus, to call for the entire
                  records pertaining to the order dated 06.10.2018 in A4/0252/2018/T(CHD)
                  issued by the 3rd respondent, quash the same and consequently direct the


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                                                                            W.P.No.30063 of 2019

                  respondents to include the petitioner's wife's name Mrs.K.Amaravathy in the
                  petitioner's Pension Payment Order(PPO)book No.12985 as per regulation
                  No.46(ii)(a) of Chennai Port Trust(Pension) Regulations, 1987.



                                  For Petitioner             : Mr.P.Rajkumar Pandian

                                  For Respondents            : Mrs.Madhuri Donti Reddy

                                                       ORDER

This writ petition has been filed seeking issuance of a writ of

Certiorarified Mandamus to call for the entire records pertaining to the order

dated 06.10.2018 in A4/0252/2018/T(CHD) issued by the 3rd respondent and

quash the same and consequently direct the respondents to include the

petitioner's wife's name (Mrs.K.Amaravathy) in the petitioner's Pension

Payment Order(PPO)book No.12985 as per regulation No.46(ii)(a) of

Chennai Port Trust(Pension) Regulations, 1987.

2. The petitioner died pending the above writ petition and petitioners 2

to 5 being his legal representatives were substituted in his place in and by

order dated 10.11.2022 in W.M.P.No.27234 of 2022. According to the

petitioner, the 2nd petitioner is the legally wedded wife of the petitioner and

another lady Amaravathi sought for her name to be included as the wife of

https://www.mhc.tn.gov.in/judis W.P.No.30063 of 2019

the petitioner. In fact, the proceedings were also initiated by the said

Amaravathi claiming to be wife of the petitioner in M.C.No.1027 of 1979.

The said maintenance case was dismissed by order dated 16.04.1980 holding

that the said Amaravathi did not establish that she was the legally wedded

wife and consequently, she was not entitled to claim maintenance from the

petitioner. Despite referring relevant documents and the order passed by the

learned III Metropolitan Magistrate Court, the respondents passed the

impugned order directing the petitioner to furnish a competent Court's Order

after the year 2006 (i.e.,after the date of his retirement) to establish identity

of his wife.

3. The 3rd respondent has filed a counter stating that only because

there was a rival claim, the impugned order was passed. Moreover, the

petitioner himself had submitted a self declaration letter dated 21.06.2006

stating that the terminal benefits would be shared between his two wives.

Therefore, since there was sufficient reason for apprehending the genuineness

of the claim of the petitioner, the respondent had rightly called upon the

petitioner to obtain necessary orders after the year 2006. According to the

respondents, the petitioner was not able to produce any Court order excepting

the order in the maintenance case dated 16.04.1980.

https://www.mhc.tn.gov.in/judis W.P.No.30063 of 2019

4. However, during the course of the arguments, the learned counsel

for the petitioner would submit that a suit was filed in O.S.No.30 of 2020

before the learned District Munsif Court, Thiruvottiyur by the petitioner as

plaintiff therein. The petitioner herein as plaintiff therein sought for a

declaration of relief that the person under the name Amaravathi claiming to

be his wife was not legitimate in claiming to be the wife of the petitioner and

for consequential permanent injunction. The learned District Munsif Court,

Thiruvottiyur, has passed a judgment and decree in O.S.No.30 of 2020 on

30.04.2021.The copy of the judgment and decree are filed by way of an

additional typed set.

5. Considering the above submissions and developments, the

petitioners shall make a fresh representation enclosing the certified copies of

the judgment and decree in O.S.No.30 of 2020 dated 30.04.2021 before the

3rd respondent within a period of four weeks from the date of receipt of a

copy of this order and on receipt of the same, the 3rd respondent shall pass

final orders on merits and in accordance with law, considering the fresh

representation and enclosures including the certified copies of the judgment

and decree, within six weeks thereafter.

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6. With the above directions, this writ petition is disposed of. No costs.

16.06.2023

Index : Yes / No Internet: Yes Speaking/non speaking order nr

To

1.The Chairman Chennai Port Trust.

2.The Traffic Manager, Chennai Port Trust.

3.The Senior Deputy Traffix Manager, Porterage/CHD Chennai Port Trust.

4.Accounts Officer(Pension) Chennai Port Trust.

https://www.mhc.tn.gov.in/judis W.P.No.30063 of 2019

P.B.BALAJI, J., nr

W.P.No. 30063 of 2019

16.06.2023

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