1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.1683 of 2011 D.Sundari ... Petitioner Vs 1.The Joint Director of Agriculture Madurai. 2.The Agricultural Development Officer, Madurai East, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to release the pension and other retirement benefit of the petitioner's husband N.Dharmaraj, Assistant Agricultural Officer, Tamil Nadu Agricultural Department to the petitioner. For petitioner ...Mr.G.Prabhu Rajadurai For Respondents ...Mr.T.S.Mohammed Mohideen Addl.Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, the writ petition is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing to direct the respondents to release the pension and other retirement benefit of the petitioner's husband N.Dharmaraj, Assistant Agricultural Officer, Tamil Nadu Agricultural Department to the petitioner. 4. It is the case of the petitioner that her husband N.Dharmaraj was married to one Grace, she died on 02.07.1988. After her death, she married him and bequeath two children. Her husband was working as an Agricultural Assistant Officer in Tamil Nadu Agricultural Department. On 14.06.1997, he went to the office, but he did not return home. The whereabouts were not known to her. Hence, she lodged a complaint with Karuppayurani Police station on 25.08.1997. Finally, a case has been registered pertaining to the same in FIR No.44 of 2005 on the file of the said police station. Though more than 13 years have rolled in, she could not trace her husband. 5. The petitioner, therefore, approached the respondents to release the pension and other benefits, which is due to her husband. But, however, the same has not been considered so far by the respondents. Hence, the petitioner has come up with the present writ petition for the relief stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Considering the above facts and circumstances, I am of the considered opinion that once a person is not traced for more than seven years, under law, is presumed to be dead. In the case on hand, it is stated that the husband of the petitioner is not traceable from 14.06.1997 and hence it is presumed that he is dead, according to law. 7. In view of the above stated position, the respondents are directed to consider the claim of the petitioner and pass appropriate orders or take suitable decision in this regard in the light of the observations made above. The said exercise has to be carried out by the respondents within a period of six weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Joint Director of Agriculture Madurai. 2.The Agricultural Development Officer, Madurai East, Madurai District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.20664 RR SR : 05.07.2011 : 2p/4c W.P.(MD) No.1683 of 2011 https://hcservices.ecourts.gov.in/hcservices/