1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19/4/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN W.P.(MD) No.4033 of 2011 M. Pappa ... Petitioner Vs 1. The Divisional Railway Manager Southern Railway Tiruchirapalli Junction Tiruchirapalli. 2. The Senior Divisional Account Officer Southern Railway Tiruchirapalli. 3. The Sub-Post Master Pappakurichi Kattur Trichy. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to disburse the family pension payment to the petitioner as it was disbursed earlier after the death of the petitioner's husband in consequent to the orders of the second respondent dated 30/9/2002 in No.P.500/TPJ/PEN/2513 in PPK Account No.1802250. For petitioners ... Mr.C.Muthu Saravanan For respondents ... Mr.S.Manohar for R.R.1 and 2. - - - - - O R D E R Heard the learned counsel appearing for the petitioner and Mr.S.Manohar for the respondents 1 and 2. 2. The petitioner has come up with the present writ petition praying to direct the second respondent to disburse the family pension to the petitioner as it was disbursed earlier after the death of the petitioner's husband in consequent to the orders of the second respondent dated 30/9/2002 made in No.P.500/TPJ/PEN/2513 in PPK Account No.1802250. 3. The case of the petitioner is that she is the legally wedded wife of one R.Mahalingam, who was worked as a 'Cabin Man' in Southern Railways, Tiruchirapalli Division. He has opted for Voluntary Retirement on 4/3/1978. He was drawing pension till June 2010. Thereafter, the petitioner approached the second respondent for payment of Family Pension. However, the same has not been considered by the third https://hcservices.ecourts.gov.in/hcservices/ 2 respondent and hence, the petitioner has come forward with the present writ petition. 4. On notice, the learned counsel appearing for the respondents 1 and 2 states that one Padmavathy claiming to be the legally wedded wife of late R.Mahalingam has filed a suit in O.S.No.195 of 2003 before the learned Principal District Munsif, Kumbakonam, claiming that she is the legally wedded wife of the said R.Mahalingam. In the said suit, the petitioner was arrayed as the first defendant. The suit has been decreed ex parte. Thereafter, the Railways has preferred an appeal in A.S.No.137 of 2006 before the learned Subordinate Judge, Kumbakonam and the same came to be dismissed. In view of the above stated position, the Railway authorities are unable to disburse the family pension to the petitioner. 5. Considering the said aspect, I am of the considered view that since the matter is seized off by the Civil Court, the petitioner is not entitled for the relief that has been sought for by him in this writ petition. That apart, the said Padmavathi, who claimed to be the legally wedded wife of R.Mahalingam has not been added as a party in the writ petition. 6. In view of the same, the writ petition stands dismissed. No costs. However, the petitioner is at liberty to work out his remedy in the manner known to law. SD/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar TO 1. The Divisional Railway Manager Southern Railway Tiruchirapalli Junction Tiruchirapalli. 2. The Senior Divisional Account Officer Southern Railway Tiruchirapalli. 3. The Sub-Post Master Pappakurichi Kattur Trichy. +1 CC TO M/S C.MUTHUSARAVANAN, ADVOCATE S.R NO. 14305 +1 CC TO MR.S. MANOHAR, ADVOCATE S.R NO. 14381 W.P.(MD) No.4033 of 2011 Dismissing the petition to issue a writ of mandamus etc as stated within. PAM 03.05.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/