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2022 DIGILAW 2152 (MAD)

M. Usharani v. Additional Central Provident Fund Commissioner, Employees Provident Fund Organization, Puducherry, Chennai

2022-07-15

P.D.AUDIKESAVALU

body2022
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to consider the Petitioners-representation dated 13.02.2017 and consequently direct the First and Second Respondents not to sanction the after death benefits of Petitioners-deceased brother, viz., D. Kothandan, to the Fourth Respondent herein till the disposal of O.P. No. 3105 of 2015 pending before the II Additional Family Court, Chennai.) Heard Mr. J. Prakasam, Learned Counsel for the Petitioners, Mr. R. Vishnu, Learned Counsel for the First and Second Respondents, Mr. K. Vijaykumar, Learned Counsel for the Third Respondent and Mr. S.N. Ravichandran, Learned for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2. The Writ Petition has been filed for directing the First and Second Respondents to consider the representation dated 13.02.2017 made by the Petitioners and consequently direct the First and Second Respondents not to sanction the death benefits of the deceased brother of the Petitioners, viz., D. Kothandan, to the Fourth Respondent till the disposal of O.P. No. 3105 of 2015 pending before the II Additional Family Court, Chennai. 3. It is borne out from the record that before filing of the Writ Petition on 03.05.2017, the husband of the Fourth Respondent and brother of the Petitioners, viz., D. Kothandam, died on 19.04.2016 and O.P. No. 3105 of 2015 has been subsequently dismissed as infructuous by order dated 07.11.2017 passed by the II Additional Family Court, Chennai. 4. In such circumstances, the relief sought by the Petitioners does not remain for consideration. However it would not preclude the respective parties, if they have any other grievances, from working out their rights in that regard before the proper forum in the manner recognized by law. In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.