Citation : 2025 Latest Caselaw 2760 Mad
Judgement Date : 13 February, 2025
W.A.No.244 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.244 of 2025
Ranganayaki ... Appellant
Vs.
1.The Accountant General (Accounts & Entitlements),
Office of the Accountant General
(Accounts & Entitlements) Tamil Naud,
361, Anna Salai, Teynampet,
Chennai - 600 018.
2.The District Elementary Educational Officer,
Kallakurichi District,
Kallakurichi.
3.The District Treasury Officer,
Kallakurichi.
4.The Block Educational Officer,
Thirunavalur,
Kallakurichi District.
5.Ramu Ammal ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 02.08.2024 passed in W.P.No.21520 of 2024 and to
allow the Writ Appeal.
https://www.mhc.tn.gov.in/judis
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Page No.: 1 of 5
W.A.No.244 of 2025
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For Appellant : Mr.C.Prabakaran
For 1st Respondent : Mr.V.Arunachalesh
for Mrs.J.Sree Vidya,
Standing Counsel
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JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge in this Writ Appeal is to the order of the writ Court made in
W.P.No.21520 of 2024 dated 02.08.2024, in and by which, the writ Court
dismissed the Writ Petition, wherein, the appellant prayed for issuance of a
Writ of Certiorarified Mandamus seeking to quash the order dated 06.02.2024
granting family pension to the 5th respondent treating her as the wife of
deceased Kasinathan. It is the claim of the appellant that she is the legally
wedded wife and Kasinathan had in a connected civil proceeding admitted her
status as his wife.
2. From the proceedings that were impugned in the Writ Petition it is
seen that the Authorities have gone by the nomination made by the deceased
Kasinathan. Once there is a nomination, the Authorities are bound by the
nomination. Of course, the nominee will hold the benefits in trust for the actual
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https://www.mhc.tn.gov.in/judis
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heirs. The Authorities cannot decide as to who is the legally wedded wife of
Kasinathan in these proceedings.
3. Therefore, leaving it open to the appellant to establish her status in the
manner known to law, this Writ Appeal is dismissed. It is made clear that none
of the findings rendered by the writ Court in the order impugned in this Writ
Appeal will stand in the way, if the appellant is to file a suit seeking declaration
of her status as wife of Kasinathan and the civil Court will proceed
independently on the materials placed before it. No costs.
(R.S.M.,J.) (G.A.M.,J.)
13.02.2025
dsa
Index : No
Neutral Citation : No
Speaking order
https://www.mhc.tn.gov.in/judis
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To
1.The Accountant General (Accounts & Entitlements), Office of the Accountant General (Accounts & Entitlements) Tamil Naud, 361, Anna Salai, Teynampet, Chennai - 600 018.
2.The District Elementary Educational Officer, Kallakurichi District, Kallakurichi.
3.The District Treasury Officer, Kallakurichi.
4.The Block Educational Officer, Thirunavalur, Kallakurichi District.
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https://www.mhc.tn.gov.in/judis
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R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa
13.02.2025
https://www.mhc.tn.gov.in/judis
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