IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.07.2011 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.11836 OF 2011 1.M. Suryakala 2.M. Vinodhini 3.M. Diwakar 4.V. Nagomi .. Petitioners Vs 1.The Special Thasildar, Adi Dravida & Tribal Welfare Department, Chengalpattu. 2.The Adi Dravida & Tribal Welfare Officer, Department of Adi Dravida & Tribal Welfare, Kancheepuram. 3.The Head Quarters Thasildhar, Chengalpattu Division, Chengalpattu 4. The Special Thasildar, Department of Adi Dravida & Tribal Welfare, Saidapet Division, Tambaram Sanatorium, Chennai – 600 047 5.The Commissioner, Department of Adi Dravida & Tribal Welfare, Chepauk, Chennai - 5 6.Vanaja, (R-6 impleaded as per order dated 20.07.2011 in M.P.No.1/2011 in W.P.No.11836/2011) .. Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to disburse the post death benefits of Late. Martinshanthi S/o. A. Velu, formerly working as Warden in Adi Drivida Welfare Student's Hostel, Thiruporur, Chengalpattu Division, Kancheepuram district, to the petitioners' family. For Petitioners : Mr.T. Jaisankar For RR 1 to 5 : Mr. R. Ravichandran Additional Government Pleader For R6 : Mr. S. Balasubramanian https://hcservices.ecourts.gov.in/hcservices/ O R D E R One Mr.V.Martinshanthi was a Government Employee. Both the first petitioner as well as the 6th respondent claimed that they got married to the said V.Martinshanthi. The first petitioner instituted a suit for declaration in O.S.No.3 of 2006 before the District Munsif Court, Chengalpattu, to declare that the petitioners herein are the legal-heirs of Mr.V.Martinshanthi. The 6th respondent herein was shown as first defendant in the suit. Ultimately, the suit was decreed based on the compromise arrived at between the parties. As per the compromise decree dated 08.09.2006, the sixth respondent has agreed that all the terminal benefits including pension may be paid to the first petitioner and in turn, the petitioner has agreed to pay a sum of Rs.2,00,000/- to the sixth respondent. 2. The learned counsel for the petitioners as well as learned counsel for the sixth respondent submits that the terminal benefits are not yet settled and the terminal benefits are retained by the respondents. 3. In these circumstances, the fifth respondent is directed to settle the terminal benefits, in terms of the compromise decree dated 08.09.2006 passed in O.S.No.3 of 2006 by the District Munsif, Chengalpattu, by paying a sum of Rs.2,00,000/- from the terminal benefits, to the sixth respondent herein, and further directed to pay the other terminal benefits including pension to the first petitioner, after adjusting the aforesaid amount of Rs.2,00,000/- paid to the sixth respondent. The fifth respondent is directed to complete the aforesaid exercise within a period of six weeks from the date of receipt of a copy of this order. 4. The learned counsel for the petitioner fairly submits that if the total amount of terminal benefits is less than Rs.2,00,000/-, the balance would be paid by the first petitioner to the sixth respondent as she would be paid monthly pension. The submission made by the learned counsel for the petitioner is recorded. 5. The writ petition is disposed of with the above direction. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar TRP/TK https://hcservices.ecourts.gov.in/hcservices/ To 1. The Special Thasildar, Adi Dravida & Tribal Welfare Department, Chengalpattu. 2. The Adi Dravida & Tribal Welfare Officer, Department of Adi Dravida & Tribal Welfare, Kancheepuram. 3. The Head Quarters Thasildhar, Chengalpattu Division, Chengalpattu 4. The Special Thasildar, Department of Adi Dravida & Tribal Welfare, Saidapet Division, Tambaram Sanatorium, Chennai – 600 047 6.The Commissioner, Department of Adi Dravida & Tribal Welfare, Chepauk, Chennai – 5. + 1 cc to M/s. S. Balasubramanian, Sr.43650 + 2 cc to M/s. T. Kumar, Sr.43619 W.P.NO.11836 OF 2011 UG(CO) Eu 25.7.11 https://hcservices.ecourts.gov.in/hcservices/