1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.8638 of 2011 C.Johnson ... Petitioner Vs. 1.The District Collector, Kanyakumari District. 2.The Chief Educational Officer, Nagercoil, Kanyakumari District. 3.The District Educational Officer, Thuckalay, Kanyakumari District. 4.The Head Master, Girls Higher Secondary School, Eraniel, Kanyakumari District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to sanction and disburse the service benefits of the petitioner's wife Mrs.Baby Suseela Bai, who is presumed to died based on the petitioner's representation dated 31.08.2009 within the period stipulated by this Court. For Petitioner : Mr.T.Ramasamy For respondents : Mr.S.Chandrasekar Govt. Advocate O R D E R Seeking for a mandamus directing the respondents to sanction and disburse the service benefits of the petitioner's wife, Mrs.Baby Suseela Bai, the petitioner has come forward with this writ petition. 2.The petitioner claims to be the husband of Mrs.Baby Suseela Bai. According to him, out of wedlock, two children were born. His wife was working as a Secondary Grade Teacher in Girls Higher Secondary School, Eraniel, Kanyakumari District, and from 06.05.2001 onwards, her whereabouts are not known. Due to that, the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner has lodged a complaint on the same day, with Eraniel Police Station. The Police is not able to trace out the petitioner's wife. In these circumstances, the petitioner has made a representation dated 31.08.2009 to the respondents to sanction pension and disburse the service benefits due and payable to his wife. Since the said representation did not evoke any response, the petitioner has come forward with the filing of this writ petition, for the reasons stated supra. 3.When the matter came up for hearing, Mr.S.Chandrasekaran, who took notice for the respondents submitted that as per the procedure, when a complaint is lodged with the police, regarding a man missing case, a final report should be drawn up by the police and thereafter, the petitioner has to approach the civil court for getting a decree for declaration that the petitioner's wife as civil dead. Only after obtaining a civil court decree, the cause of action for making any claim arises and therefore the relief sought for in this writ petition cannot be granted. 4.Heard the pleadings of the learned counsel for the petitioner and learned Government Advocate for the respondent and perused the materials on record. 5.Admittedly, the petitioner has given only a police complaint to Eraniel Police Station. No final report drawn up by the police, has been placed before this Court. No civil suit has been filed before the the court having competent jurisdiction to declare that the petitioner's wife as died. In such view of the matter, when the petitioner is claiming that he is the husband of Mrs.Babu Suseela Bai, who is said to be missing, he has to prove the same on the basis of valid documents. In the said circumstances, the request of the petitioner to disburse the service benefits of his wife, based on his representation dated 31.08.2009 within a time frame cannot be granted, at this stage and therefore, this writ petition is liable to be dismissed. 6.This writ petition is dismissed accordingly. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Kanyakumari District. 2.The Chief Educational Officer, Nagercoil, Kanyakumari Distrit. 3.The District Educational Officer, Thuckalay, Kanyakumari District. 4.The Head Master, Girls Higher Secondary School, Eraniel, Kanyakumari District. +one cc to Special Government Pleader, Sr.No. 25914 W.P.(MD).No.8638 of 2011 03.08.2011 vs SMA/05.8.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/