Anbarasan Vs the State of Tamil Nadu

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the

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https://www.mhc.tn.gov.in/judis

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W.P.No.23618 of 2023

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records of the 2 nd respondent in proceedings COLKPM4083/2023/X3 dated 12.07.2023, quash the same consequently direct the respondents to disburse Chief Minister General Relief fund for petitioner's father's covid 19 death.

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For Petitioner : Mr.S.N.Subramani For Respondents : Mr.E.Sundaram Government Advocate [R1] Mr.P.Muthukumar Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader [R2 & R4] Mr.M.Aswin Standing Counsel [R3 & R5] *****

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ORDER

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This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records of the 2 nd respondent in proceedings COLKPM4083/2023/X3 dated 12.07.2023, and quash the same and consequently, to direct the respondents to disburse Chief Minister General Relief fund for petitioner's father's covid 19 death.

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2. The case of the petitioner is that his father, namely Sankaran

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worked in the 3 rd respondent Corporation as Special Grade Driver and he died on 17.09.2020 due to covid-19 leaving behind the pettioner, his

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brother and his mother. After his demise, the petitioner obtained a legal heir certificate and made representations dated 15.03.2022 and 19.09.2022 before the respondents seeking Chief Minister General relief fund for the death of his father. Since the same was not considered by the respondents, the petitioner has filed a writ petition before this Court in W.P.No.8704 of 2023 and this Court, by its order, dated 21.03.2023, disposed of the said writ petition, directing the 2 nd respondent to consider the petitioner's representation dated 19.09.2022 and pass appropriate orders. Pursuant to which, the present impugned order dated 12.07.2023 has been passed by the 2 nd respondent. Challenging the same, the petitioner has filed the present writ petition before this Court.

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3. The learned counsel appearing for the petitioner submitted that

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the 2 nd respondent has passed the impugned order solely on the ground that G.O.Ms.No.403, Revenue & Disaster Management Department, dated 05.08.2020, applicable only to the frontline workers and the same is not extended to the employees of the Transport Corporation. However, the respondents have disbursed only a sum of Rs.50,000/- in terms of G.O.Ms.No.887, Revenue & Disaster Management Department, dated 16.12.2021 to the petitioner. In the said G.O., it is stated that the children Page No.3 of 8

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who have lost both parent are entitled to receive Rs.5 lakhs and children

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who have lost one parent are entitled to receive Rs.3 lakhs. Hence, the petitioner is entitled to receive the exgratia amount from the respondents. However, without considering the same, the 2 nd respondent has passed the impugned rejection order, which is wholly unsustainable. Accordingly, he prays for appropriate orders.

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4. The 3 rd respondent has filed a counter affidavit stating that the petitioner's father is not coming under the category of Covid Frontline workers and the relief will be applicable to the person who were directly engaged by the Government in Covid eradication program. Further, it is stated that the deceased workman was not directly engaged in Covid eradication program and he does not have any contact with the Covid patients and hence, the relief was not applicable to the deceased. Accordingly, he prays for dismissal of this writ petition.

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5. Heard both sides and perused the materials available on record.

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6. Though the petitioner claims that he is entitled to receive

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exgracia amount as per G.O.Ms.No.887, Revenue & Disaster

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Management Department, 16.12.2021, however the said G.O. is pertaining to exgratia amount to the legal heirs of Government servants/local body employees who were engaged in frontline Covid-19 related work, contract Covid-19 and lost their lives. It is pertinent to note that though the father of the petitioner was working during the Covid-19 pandemic situation, he is not coming under the category of frontline work. Therefore, the prayer sought by the petitioner cannot be granted.

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7. At this juncture, learned counsel appearing for the petitioner submitted that at the time of death of the petitioner's father, the petitioner was aged about 23 years and his younger brother was aged about 15 years. Hence, he submitted that this Court may grant liberty to the petitioner's brother, namely Guhan to make a representation before the 2nd respondent for appropriate relief.

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8. In view of the limited request sought by the learned counsel

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appearing for the petitioner, this Court, without interfering with the impugned order, grants liberty to the petitioner's brother to make a fresh representation before the 2 nd respondent in terms of G.O.Ms.No.887, Revenue & Disaster Management Department, dated 16.12.2021, within Page No.5 of 8

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a period of two (2) weeks from the date of receipt of a copy of this order,

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along with death certificate of the deceased and a certificate/document to

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prove that he is a minor at the time of the death of the deceased. Upon such representation, the 2 nd respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks thereafter.

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9. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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04.11.2025

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Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp

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