THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15125 of 2010 Date: 30.6.2010 Between: Smt.Kanithi Mahalaxmi and another. ………...Petitioners. And The Addl.Commandant, Vizianagaram and others. …… Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15125 of 2010 ORDER: This writ petition has been filed by the petitioners, who are two in number, seeking mandamus declaring the order vide C.No.844/A3/2009, dated 18.5.2010 issued by the 1st respondent, as illegal and arbitrary and violative of principles of natural justice, and, consequently direct the 1st respondent to pay the death benefits of the deceased- Sasibhushan Rao equally among them and the respondents 2 & 3. Petitioners are the parents of Sasibhushan Rao, who worked as Police Constable (P.No.774) attached to 5th battalion, A.P.S.P., Vizianagaram. He died in a road accident on 27-7-2009 while on duty. The respondents 2 & 3 are the wife and son of the deceased- Sasibhushan Rao. The petitioners submitted representation to the 1st respondent claiming their respective share in the compensation amount payable consequent to the death of their son and also for family pension. The 1st respondent rejected their application by issuing the proceedings vide C.No.844/A3/2009, dated 18.5.2010. The said proceedings are assailed in this writ petition. When the writ petition came up for admission, the learned Assistant Government Pleader for Home takes notice on behalf of the 1st respondent. Heard learned counsel appearing for the petitioners and the learned Assistant Government Pleader for Home appearing for the 1st respondent. Learned counsel appearing for the petitioners submits that in view of the proceedings issued by the 1st respondent, the rights of the petitioners to establish their claim in the Civil Court are likely to be prejudiced, and, therefore, the proceedings issued by the 1st respondent is to be quashed. The proceedings issued by the 1st respondent is in respect of payment of compensation because of the premature death of the deceased- Sasibhushan Rao in road accident and also family pension. The respondents 2 & 3 are no other than the wife and son of the deceased-Sasibhushan Rao. The compensation payable to Sasibhushan Rao consequent to his death forms part and parcel of his estate. If the petitioners claim any share in it, they have to approach the Civil Court to establish their rights. In that view of the matter, this writ petition is disposed of directing the petitioners to establish their claim in the estate of the deceased-Sasibhushan Rao in Civil Court. No costs. ______________________________________ JUSTICE B. SESHASAYANA REDDY Date:30.6.2010 Note: Furnish CC within three days. B/O mrb