S. SHENBAGAVALLI Vs. DISTRICT COLLECTOR, ERODE DISTRICT

JUDGEMENT

(1.) The petitioner, who is the daughter of first wife of Late Mr. S.C. Easwaran, has filed this writ petition seeking for issuance of a writ of mandamus to direct the respondents 1, 2 and 4 to desist from disbursing Family Pension to the third respondent, who is the second wife of Late Mr. S.C. Easwaran, and to recover the Family Pension already disbursed to her.

(2.) It is averred that the petitioner's father Late Mr. S.C. Easwaran, while serving in the Panchayat Union Office, Bhavani, Erode District, died on 1/11/2000, leaving behind her and other legal heirs. It is also stated that the petitioner is the only daughter born to Late Mr. S.C. Easwaran and his legally wedded wife Kannammal. Now, the petitioner is living with her husband, who is also serving in District Treasury, Erode.

(3.) It is stated by the learned counsel for the petitioner that as there was a dispute with regard to retiral benefits between the petitioner and the second wife, the petitioner has filed a suit in O.S. No. 276 of 2004 on the file of the Additional District Munsiff Court, Bhavani, seeking for permanent injunction, whereby, the learned trial Court, vide its judgment and decree dtd. 2/4/2004, decreed the suit in favour of the petitioner. As against that, when an appeal was filed in A.S. No. 12 of 2006 on the file of the Additional District Court-cum-Fast Track Court, Bhavani, the same was also dismissed on 30/10/2006, confirming the judgment and decree passed by the learned trial Court. Aggrieved by the same, the third respondent herein also has filed a second appeal No. 470 of 2008 before this Court and the same is pending. Therefore, it is pleaded that since the petitioner has succeeded before the learned trial Court as well as learned first appellate Court, a direction may be issued to the official respondents as prayed for.