BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02/08/2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD)No.11976 of 2008
and
MP(MD)No.1 of 2008
S.Nahomi ..Petitioner
Vs
1. The Commissioner,
Directorate of Stationery and Printing,
11, Anna Salai,
Chennai-2.
2. Ms.Tamil Selvi ..Respondents.
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records relating to the impugned communication No.K1/32264/2004, dated
24.10.2008 issued by the first respondent and to quash the same and consequently
to direct the first respondent to disburse the entire DCRG benefits payable to
the petitioner herein.
!For Petitioner ... M/s.G.R.Swaminathan
^For Respondent-1... Mr.D.Muruganandam
Addl.Govt.Pleader
For Respondent-2 ... Mr.K.S.Saravanan
:ORDER
The petitioner seeks a Writ in the nature of Certiorari for quashing the
order passed by the first respondent, directing the payment of 50% of the DCRG
benefit in favour of respondent No.2.
2. It is not disputed that there is a dispute with regard to inheritance
of Late.Shri.Sathyaseelan,is pending in the Civil Court.
3. The petitioner prays for release the retiral benefits to her being the
nominee, whereas, the respondent No.2 is claiming the amount being the legal
representative i.e., wife of Late. Shri.Sathyaseelan.
4. The suit with regard to the entitlement to recover the retiral
benefits and status of respondent No.2 as wife is pending in the Civil Court.
5. The petitioner has an alternative remedy to seek requisite relief from
the Civil Court in the pending suit or file a cross-suit.
6. The dispute raised in this Writ Petition admittedly is pending in the
Civil suit therefore, this Writ Petition being not competent, is ordered to be
dismissed, with liberty to the petitioner to take appropriate steps to protect
her interest in the Civil Suit, or by filing cross-suit before the Civil Court.
7. Consequently, connected Miscellaneous Petition is dismissed. No costs.
vsn
To
The Commissioner,
Directorate of Stationery and Printing,
11, Anna Salai,
Chennai-2.