A writ petition sought directions to police and accounts authorities not to pay the third respondent's husband's death or retirement benefits, citing an undertaking to repay Rs.15 Lakhs borrowed from the petitioner. The court held such private claims must be pursued by suit and dismissed the petition as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 6365 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6365 of 2024
M.Madhu
.... Petitioner
Vs
.... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to consider the representation of the petitioner dated 01.01.2024 seeking for not to grant or issue death or retirement benefits to the third respondent in respect of the death of her husband, viz., M.Baskaran.
For Petitioner : Mr.B.Manimaran For R1 : Mrs.R.L.Karthika Government Advocate
ORDER
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W.P.No. 6365 of 2024
This Writ Petition has been filed for a direction directing the respondents 1 & 2 to consider the representation of the petitioner dated 01.01.2024 seeking for not to grant or issue death certificate or retirement benefits to the third respondent in respect of the death of her husband, viz., M.Baskaran.
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W.P.No. 6365 of 2024
learned Government Advocate appearing for the first respondent and perused the materials available on record.
12.03.2024
Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No Lpp
G.K.ILANTHIRAIYAN, J.
Lpp
To
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W.P.No. 6365 of 2024
Salem Commissionerate, Salem – 636 002.
W.P.No.6365 of 2024
12.03.2024
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1 issue framed by the court
Whether a writ of mandamus could be issued to withhold death or retirement benefits payable to a deceased employee's widow based on a private monetary claim against her.
1 provisions across 1 enactments
M.Madhu
The Commissioner of Police, Salem Commissionerate, Salem
The Principal Accountant General, Tamil Nadu
M.Sumathi
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
