Madras High Court
Noorjahan vs The District Collector on 4 January, 2024
W.P.(MD).No.16001 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.16001 of 2023
Noorjahan
... Petitioner
Vs
1. The District Collector,
Thanjavur.
2. The District Treasury Officer,
District Treasurer Office, Thanjavur District.
3. The Tahsildar,
Ilaiyankudi Taluk, Sivagangai District.
4. Sabar Nisha
5. The Accountant General,
Office of the Principal Accountant General,
361, Anna Salai, Rostrevor Garden,
Teynampet, Chennai 600 018.
6. The Commissioner,
Thanjavur Corporation, Thanjavur District.
(R5 is Impleaded Vide Court Order, dated 20.12.2023 in
W.M.P(MD)No.23649 of 2023)
(R6 suo-motu impleaded vide Court Order, dated 04.01.2024)
... Respondents
https://www.mhc.tn.gov.in/judis
1/8
W.P.(MD).No.16001 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd
respondents to grant family pension to the petitioner in her capacity as widow
of Late. Mohammed Rasheed with arrears and interest within a stipulated time
frame fixed by this Court.
For Petitioner : Mr.K.C.Maniyarasu
For Respondents : Mr.M.Siddtharthan (R1 to R4)
Additional Government Pleader
Mr.P.Gunasekaran(R5)
Standing Counsel
ORDER
The present writ petition has been filed for the issue of writ of
Mandamus, directing the 1st and 2nd respondents to grant family pension to the
petitioner in her capacity as widow of Late. Mohammed Rasheed with arrears
and interest within a stipulated time frame fixed by this Court.
2.Heard, the learned counsel appearing for the petitioner, the
learned Additional Government Pleader appearing for the respondents 1 to 4
and the learned Standing Counsel appearing for the fifth respondent. Perused
the materials on record.
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3.(i)The petitioner married one Mohammed Rasheed on
19.10.2022 and they were living at E-Block, New Housing Board, Thanjavur.
While so, the petitioner’s husband Mohammed Rasheed suffered heart disease
and was admitted in Government Hospital, Thanjavur and due to which, he
passed away on 06.06.2007. Late Mohammed Rasheed was working as Junior
Assistant at the second respondent’s office at the time of his death. Thereafter,
the petitioner made a request to the second respondent to grant family pension
to her. However, the same was not considered.
(ii).While so, one Sabar Nisha/fourth respondent, who is the first
wife of Late Mohammed Rasheed also made a representation before the second
respondent for disbursement of family pension and also for appointment on
compassionate ground, for which, she filed a writ petition in W.P.(MD)No.
16904 of 2014 and the same was allowed on 09.06.2017.
(iii)In the meanwhile, the petitioner filed a suit in O.S.No.65 of
2011 on the file of District Munsif Court, Pudukottai to declare the petitioner as
the legally wedded wife of Late Mohammed Rasheed. However, the said suit
was dismissed on 29.04.2011. The fourth respondent also filed a suit in
O.S.No.64 of 2011 on the file of District Munsif Court, Pudukottai to declare
her as a legally wedded wife of Late Mohammed Rasheed and the same was
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allowed. Aggrieved by the same, the petitioner preferred appeals against the
order in O.S.No.65 and 64 of 2011 before the Sub Court, Pudukottai in A.S.No.
119 and 120 of 2021 respectively. The learned Sub Judge passed a common
order, dated 29.01.2023 by setting side the Judgment and decree in O.S.No.65
of 2011 and confirmed the Judgment and decree in O.S.No.64 of 2011. In the
said civil appeals, the learned Sub Judge declared that both the petitioner as
well as the fourth respondent and her children Ramisha Begam, Sugaibu Syed
as legal heirs of the Late Mohammed Rasheed.
(iv)After the issuance of said Judgment and decree in A.S.No.119
and 120 of 2021, the petitioner has approached the second respondent seeking
family pension. However, the same was not considered. Hence, this writ
petition came to be filed.
4.Both the learned counsels for the respondents in consonance
submitted that the petitioner and the fourth respondent are entitled for family
pension equally. However, it was submitted before this Court that the
application made by the petitioner was kept in abeyance due to certain
discrepancies in the application.
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5.The learned Additional Government Pleader appearing for the
respondents 1 to 3 submitted the counter filed by the second respondent. It is
stated that the petitioner and the fourth respondent have produced separate
death certificates of Late Mohammed Rasheed with different date of death as
issued by Thanjavur Municipality and Sivagangai Municipality. Secondly,
necessary legal-heirship certificate has to be produced and that apart, combined
application for receipt of family pension should also be submitted by the
petitioner and the fourth respondent.
6.In view of the submission made by the learned Additional
Government Pleader, I hereby suo-motu implead the Commissioner of
Thanjavur Corporation as the sixth respondent in this petition and direct the 6th
respondent to struck off the death certificate issued to Mr. Mohammed
Rasheed, in which, the date of death was mentioned as 05.06.2007, since the
correct date of death was 06.06.2007. Thereafter, the petitioner and the fourth
respondent are directed to submit a joint application before the respondents
seeking for family pension, appending the death certificate issued by the
Sivagangai Municipality. The respondents are directed to accept the death
certificate issued by the Sivagangai Municipality noting the date of death as
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06.06.2007 and the Judgment and decree passed by the learned Sub Judge,
Pudukottai in A.S.No.119 and 120 of 2021, dated 29.01.2013 without insisting
for legal-heirship certificate and thereafter, process the joint application made
by the petitioner and the fourth respondent and pass appropriate orders in
accordance with law, within a period of one month from the date of receipt of
joint application filed by the petitioner and the fourth respondent.
7.With the above directions, this writ petition stands disposed of.
There shall be no order as to costs.
04.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Note: Registry is directed to carry out necessary
amendment in the cause title before issuing order copy.
PNM
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To
1. The District Collector,
Thanjavur.
2. The District Treasury Officer,
District Treasurer Office, Thanjavur District.
3. The Tahsildar,
Ilaiyankudi Taluk, Sivagangai District.
4. The Accountant General,
Office of the Principal Accountant General,
361, Anna Salai, Rostrevor Garden,
Teynampet, Chennai 600 018.
5. The Commissioner,
Thanjavur Corporation, Thanjavur District.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
PNM
ORDER IN
04.01.2024
https://www.mhc.tn.gov.in/judis
