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2022 DIGILAW 2736 (MAD)

Sittharthan v. Director, Directorate of Collegiate Education, Chennai

2022-08-16

D.KRISHNAKUMAR

body2022
JUDGMENT (Prayer: W.P.No.11631 of 2021 is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to keep in abeyance of petitioner's father's service benefits until the matter is resolved in respect of legal heirs in pursuance of his representation, dated 09.03.2021. W.P.No.20570 of 2021 is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to consider and pass appropriate orders upon the representations sent by the petitioner on 13.07.2021 and 01.09.2021, claiming the benefits and entitlements of Late Prof.M.Kaliyamoorthy, the husband of the petitioner, and to fix a time frame as deemed fit by this Hon'ble Court for the respondents to act upon the representations of the petitioner, dated 13.07.2021 and 01.09.2021.) Common Order 1. W.P.No.11631 of 2021 is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to keep in abeyance of petitioner's father's service benefits until the matter is resolved in respect of legal heirs in pursuance of his representation, dated 09.03.2021. 2. W.P.No.20570 of 2021 is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to consider and pass appropriate orders upon the representations sent by the petitioner on 13.07.2021 and 01.09.2021, claiming the benefits and entitlements of Late Prof.M.Kaliyamoorthy, the husband of the petitioner. 3. Since these two Writ Petitions involve one and the same issue, they are being disposed of in common. 4. According to the petitioner in W.P.No.20570 of 2021, her husband was diagnosed with serious liver disease and was under treatment for more than three years and was admitted in hospital on 31.01.2021. He died on 07.03.2021, leaving behind the petitioner and two children. The petitioner made representations on 13.07.2021 and 01.09.2021, claiming the service benefits of her husband, including DCRG, but the representations have not settled the service benefits. Hence, she filed the Writ Petition. 5. According to the petitioner in W.P.No.11631 of 2021, he is the son of one Jayalakshmi and Kaliyamoorthy and in proof of the same he also produced the Birth Certificate issued by Puducherry Municipality and, therefore, he is entitled for the service benefits of his father. He also made a representation to the Revenue Department, requesting to isue Legal Heir Certificate. According to the petitioner in W.P.No.11631 of 2021, he is the son of one Jayalakshmi and Kaliyamoorthy and in proof of the same he also produced the Birth Certificate issued by Puducherry Municipality and, therefore, he is entitled for the service benefits of his father. He also made a representation to the Revenue Department, requesting to isue Legal Heir Certificate. The apprehension of the petitioner is that the second respondent may grant monetary benefits to his stepmother, by excluding him from enjoying the benefits of his father. Therefore, he filed the Writ Petition not to grant monetary benefits to the third respondent, who is the petitioner in W.P.No.20570 of 2021, pending conideration of his representation. 6. The petitioner in W.P.No.11631 of 2021 claims that he is the legal heir of of the deceased Kaliyamoorthy. However, he has not prouced any legal heir certificate to the said effect. Therefore, in the absence of any proof as to his legal heirship from the revenue authority, this Court cannot grant the prayer sought for in the Writ Petition. 7. The dispute regarding the legal heirship between the parties can be settled before the Civil Court. However, an opportunity is granted to the writ petitioners to produce relevant documents/records before the first respondent, namely, Director of Collegiate Education, Chennai, to establish that they are entitled to the service benefits of late Kaliyamoorthy. If there is any dispute between the parties before the first respondent, it is for the first respondent to refer the matter to competent Civil Court for appropriate declaration. 8. In the light of the above, the first respondent – Director of Collegiate Eduction, Chennai, is directed to consider the representation of the petitioner in W.P.No.11631 of 2021, dated 09.03.2021, and the other representations of the petitioner in W.P.No.20570 of 2021, dated 13.07.2021 and 01.09.2021, and pass appropriate orders on merits and in accordance with law as early as possible, after giving an opportunity to both the parties. It is made clear that if need be, the first respondent can refer the matter to Civil Court for appropriate declaration. 9. Writ Petitions are disposed of accordingly. No costs.