Mrs.Sumathy Vs The Director General of Police

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 28.12.2024 to pay the monthly family

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

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maintenance along with the arrears and also for initiation of appropriate action as against the fifth respondent within time frame stipulated by this Court.

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For petitioner : M/s.L.G.Sahadevan

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For respondents: Mr.S.Yashwanth, Addl.G.P. for RR-1 to 3

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Mr.A.N.R.Jaya Prathap, Standing Counsel for R-4

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No appearance for R-5

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ORDER

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This Writ Petition is filed praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 28.12.2024 to pay the monthly family maintenance along with the arrears and also for initiation of appropriate action as against the fifth respondent within a time frame stipulated by this Court.

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The case of the petitioner is that she married one Gajendran (since deceased) on 01.09.1985 and he had joined the Police force on 25.05.1988 and out of their wed-lock, two children were born to them. The petitioner's husband superannuated on 31.05.2022 and subsequently, he died on 07.09.2024 due to illness in Chennai. The petitioner sent a representation on 28.12.2024 to the first respondent seeking to take action against the fifth respondent and also to pay the monthly family maintenance with arrears to the petitioner, as she is the legally wedded wife of her husband and also his nominee. However, the said representation has not been considered and thereby, the petitioner has

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approached this Court by filing this Writ Petition for the relief stated supra.

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Learned counsel for the petitioner submitted that the petitioner is the

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legally wedded wife of the said Gajendran, who was working in the Police Department and as stated above, he superannuated on 31.05.2022. The petitioner, as a legally wedded wife, had claimed all the terminal benefits of her husband and thereby, as noted above, she sent a representation on 28.12.2024 to settle the terminal benefits. However, the fifth respondent has objected to the same, claiming herself as the wife of the deceased Gajendran and hence, the respondents have not passed orders on the said representation.

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Learned Additional Government Pleader appearing for the respondents

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1 to 3 submitted that as per the service records, the petitioner's name has been shown as the nominee of the deceased Gajendran. However, since there was an objection by the fifth respondent, they are unable to dispose of the said representation seeking for disbursement of terminal benefits to the petitioner.

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The fifth respondent has entered appearance and she has also filed

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counter affidavit. However, there is no appearance for the fifth respondent today.

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Taking into consideration the submissions made above, this Court finds that the respondents cannot keep the said representation of the petitioner pending, without passing any orders.

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In view of the above, a direction is now issued to the third respondent to issue notice to the petitioner and the fifth respondent herein and to conduct due

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enquiry and dispose of the said representation of the petitioner, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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