Pathrose Vs Secretary to Government

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to disburse the benefits due under the welfare fund scheme to the missing fisherman family (i.e.) the petitioner's son namely Remigius by considering the petitioner's representation to the respondents dated 09-02-2018, within a stipulated period as fixed by this Court.

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For Petitioner : Mr.K.Vamanan

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For R1 – R5 : Mr.D.Sasikumar Additional Government Pleader

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ORDER

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This writ petition has been filed for the following relief :

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“directing the respondents herein to disburse the benefits

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due under the welfare fund scheme to the missing fisherman family

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(i.e.) the petitioner's son namely Remigius by considering the petitioner's representation to the respondents dated 09-02-2018, within a stipulated period as fixed by this Court.”

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

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W.P.(MD)No.27361 of 2019

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The case of the petitioner is that one of his sons, namely Remgius and 3 others went fishing on 21.12.2003 and did not return. A criminal case has been registered in Crime No.690 of 2003, dated 23.12.2003 and the same has been closed as untraceable and action has been dropped. In case of a registered fisherman during fishing, the Tamil Nadu Government had announced Rs.2 Lakhs as solatium. The petitioner's son has registered with the 4^th respondent. Therefore, the petitioner has requested the respondents to disburse the solatium and has also submitted all necessary documents to the 2^nd respondent. The petitioner has also sent a detailed representation on 09.02.2018. Since the same was not considered, the petitioner is before this Court.

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Heard the learned counsels on either side.

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Without going into the merits of the case, this Court directs the

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2^nd respondent to consider the representation of the petitioner, dated

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09.02.2018 and pass orders, in accordance with law. In the event of any clarification, the 2^nd respondent shall issue notice to the petitioner, obtain

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

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W.P.(MD)No.27361 of 2019

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his clarification and thereafter pass orders. The said exercise shall be completed within a period of three (3) months from the date of receipt of copy of this order.

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