Research › Search › Judgment

Madras High Court · body

2006 DIGILAW 1483 (MAD)

The General manager Southern Railway v. A. S. Duraiswamy & Another

2006-06-26

P.SATHASIVAM, V.DHANAPALAN

body2006
Judgment :- (Writ Appeal filed under Clause 15 of the Letters of Patent against the order of the learned Judge Mr. Justice E. Padmanabhan, dated 07.10.2002 made in WMP.No.13756 of 1999 in W.P.No.9660 of 1999.) P. Sathasivam, J. The above writ appeal is directed against the order of the learned single Judge dated 07.10.2002 made in WMP.No.13756 of 1999 & WVMP.No.35395 of 2001 in Writ Petition No.9660 of 1999, in and by which the learned Judge, permitted the first respondent/workman to withdraw a sum of Rs.1,07,243.00 out of Rs.2,07,243.00. 2. The order of the learned Judge shows that the first respondent/workman is aged about 70 years and requires funds for taking treatment. Taking note of these factual aspects, considering his age and ailment of the workman, permitted him to withdraw a sum of Rs.1,07,243.00. In the same order the learned Judge issued direction for investment of the balance amount of Rs.1 lakh in a fixed deposit for a further period of two years. In such circumstances, we are of the view that there is no ground for interference. On the other hand, the said order is reasonable and acceptable. Accordingly, the writ appeal fails and the same is dismissed. No costs. Consequently, connected WAMP., is also dismissed. Taking note of the fact that the writ petition is of the year 1999, Registry is directed to include the writ petition for final hearing list before the concerned Judge dealing with the subject, within a period of two weeks.