1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12061 of 2011 K.Alagammal ... Petitioner Vs. 1. The Superintending Engineer, Tamil Nadu Electricity Board, Ramanathapuram Electricity Distribution Area, Ramanathapuram. 2.The Assistant Engineer, Tamil Nadu Electricity Board, Keelakkarai,Ramanathapuram. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to give the petitioner's share of the sum of Rs.30,000/- (Rupees thirty thousand) as per the proceedings of the first respondent dated 26 . 2.2007 within the time stipulated by this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr. S.MP.Amalan For Respondents : Mr.C.Selvaraj O R D E R The petitioner K.Alagammal wife of Karuppiah has come to this Court by filing this Writ Petition seeking a writ of mandamus to direct the first respondent-the Superintending Engineer, Tamil Nadu Electricity Board, Ramanathapuram Electricity Distribution Area, Ramanathapuram to give the petitioner's share of a sum of Rs.30,000/- as per the proceedings of the first respondent dated 26.2.2007 wherein the first respondent after disbursing a sum of Rs.1,46,716/- to the petitioner's daughter-in-law has retained a sum of Rs.30,000/- as the remaining share payable to the petitioner. 2. The petitioner's son late K.Ulaganathan while serving as a Assessor in Tamil Nadu Electricity Board, at Keelakarai died on 5.11.2005 leaving behind the petitioner, his wife Anbuselvi and three children Kalleswaran, Saravana Kumar and Vidhya. Subsequently, the petitioner also obtained a legal heir certificate certifying that she is mother of the deceased son Ulaganathan for the purpose of getting death-cum- terminal benefits and family pension and other benefits. https://hcservices.ecourts.gov.in/hcservices/ 2 Even after the death of the petitioner's son, she also filed a Claim Petition for keeping the gratuity bonus, death benefits and retirement benefits. But the first respondent has disbursed a sum of Rs.1 lakh towards Family Security Fund and Familly Security Subsidiary Scheme amount and also disbursed another sum of Rs.48,024/- on 3.6.2006 towards the encashment of 176 days of Earned Leave credited on the petitioner's son. Subsequently, the first respondent also in another proceedings dated 26.2.2007 sanctions a sum of Rs.1,46,716/- as her son's death benefit and allotted Rs.30,000/- to the petitioner after paying Rs.1,16,716/- to her daughter -in-law. Subsequently, representations were made to get Rs.30,000/-. No response was received. As a result, the petitioner also filed a Writ Petition in W.P. No.10482 of 2006 seeking a direction to the respondent to consider his representation to pay the death benefits on her deceased son. This Court also directed the respondent to consider the representation within a stipulated time on receipt of the said order. But the first respondent replied that there was no direction passed for effecting the payment of Rs.30,000/- in W.P. No. 10482 of 2006. Since the petitioner has been living under poverty, it is very difficult to live in view of high price rise. Therefore, the petitioner come forward with this Writ Petition. Under these circumstances, the grievance of the petitioner is, when the first respondent in his proceedings dated 26.2.2007 after disbursing a sum of Rs.1,46,716/- to her daughter in law Anbuselvi, admittedly, retained a sum of Rs.30,000/- payable to the petitioner, the said amount may be permitted to be paid to the petitioner on production of Identity Card. 3. Mr.Selvaraj, learned counsel appearing for the respondents takes notice for the respondent and his only request is, if the petitioner approaches the office of the first respondent with proper Identity Card and Death Certificate of her son along with the copy of this order, the remaining amount of Rs.30,000/- retained by the first respondent will be duly paid to the petitioner. 4. Therefore, this Court directs the petitioner to approach the Office of the first respondent with proper Identity Card, Death Certificate along with the copy of this order and the respondents are directed to consider the case of the petitioner within a period of two weeks from the date of receipt of a copy of this order. If the amount is not paid within a period of two weeks, the petitioner is entitled to get interest at the rate of 10% for the sum of Rs.30,000/-. 5.With the above observations, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To, 1. The Superintending Engineer,Tamil Nadu Electricity Board, Ramanathapuram Electricity Distribution Area,Ramanathapura. 2.The Assistant Engineer,Tamil Nadu Electricity Board,Keelakkarai,Ramanathapuram. Ses ssk/08.11.2011 /3c -3p/- W.P.(MD)No. 12061 of 2011 https://hcservices.ecourts.gov.in/hcservices/