Soliyammal vs The Superintendent Of Police
2024 Latest Caselaw 7811 Mad

Madras High Court

Soliyammal vs The Superintendent Of Police on 18 April, 2024

                                                                     WP(MD) No.9523 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 18.04.2024

                                                     CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                              W.P.(MD) No.9523 of 2024


                      Soliyammal                                           ... Petitioner


                                                        Vs.


                      1.The Superintendent of Police,
                         Erode District,
                         Erode – 638 001.


                      2.The Treasury Officer,
                         District Treasury,
                         Collectorate Campus,
                         Thanthonimalai,
                         Karur – 639 007.                                 ...Respondents




                      1/6
https://www.mhc.tn.gov.in/judis
                                                                      WP(MD) No.9523 of 2024


                      Prayer : Writ Petition filed under Article 226 of the Constitution of

                      India, praying this Court to issue a Writ of Mandamus to complete

                      the enquiry of the first respondent with respect to the

                      communication given by the second respondent dated 12.01.2024.


                                  For Petitioner    : Mr.K.Muthu Ganesa Pandian
                                  For Respondents : Mr.J.Ashok
                                                      Additional Government Pleader

                                                   ORDER

The present writ petition has been filed seeking a Writ

of Mandamus to complete the enquiry of the first respondent in

respect to the communication received from the second respondent

dated 12.01.2024.

2. Heard Mr.K.Muthu Ganesa Pandian, learned counsel

for the petitioner and Mr.J.Ashok, learned Additional Government

Pleader appearing for the respondents.

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

3. By consent of both parties, this Writ Petition is taken

up for final disposal at the stage of admission itself.

4. The petitioner, who has given with a family pension

considering her relationship with the deceased late.Samuvel, as his

wife has been deprived of getting the said family pension on

account of the suit filed by the first wife's children in O.S.No.551 of

2005 and obtained a decree. The said suit in O.S.No.551 of 2005 is

filed to stall the pensionary benefits and get an exparte decree.

Subsequently, the petitioner had given a representation to the first

respondent to release the family pension, for which, the second

respondent has sought a clarification with the first respondent

whether the family pension be released to Mrs.Soliyammal, the

petitioner herein.

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

5. The learned counsel for the petitioner submitted that

the petitioner herself has filed a suit in O.S.No.715 of 2008 for

declaration that the decree passed in O.S.No.551 of 2005 is null and

void and got a decree in her favour on 20.10.2010.

6. However, the learned Additional Government Pleader

submitted that as against the said judgment passed in O.S.No.715 of

2008, the first wife’s children has preferred an appeal in A.S.No.118

of 2010 and the same was allowed on 29.06.2012.

7. In such case, it is for the second respondent to give

his clarification to the first respondent after ascertaining from the

petitioner whether she had filed any second appeal in order to

enable him to pass further orders. On receipt of such clarification,

the first respondent shall pass orders as expeditiously as possible.

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

8. With the above observation, this Writ Petition is

disposed of. No costs.

18.04.2024

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

RM

To

1.The Superintendent of Police, Erode District, Erode – 638 001.

2.The Treasury Officer, District Treasury, Collectorate Campus, Thanthonimalai, Karur – 639 007.

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

R.N.MANJULA, J.

RM

Order made in

Dated:

18.04.2024

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