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2014 Supreme(Mad) 3042

D.HARIPARANTHAMAN
E. Amutha – Appellant
Versus
Commissioner – Respondent


Advocates Appeared:
For the Petitioner:K.A. Ravindran, Advocate.
For the Respondents:R1, V. Subbiah Special Government Pleader, R2, G. Vinodh Kumar, Advocate.

Judgment :

1. Heard both sides.

2. The petitioner as well as the second respondent in the writ petition claims terminal benefits payable due to the death of one Late Erusan, a Sweeper employed in the first respondent Municipality, who died on 09.04.2012.

3. While it the case of the petitioner that she is the wife of Late Erusan, and the daughter Valliammal (25 years), Anitha (21 years) and Selvam (23 years) are children born through Late Erusan, the case of the second respondent is that Late Erusan was a Bachelor and he did not get married.

4. According to the second respondent, he is the adopted son of Late Erusan, while his biological father is the younger brother of Late Erusan. In respect of his claim, he has produced a copy of the ration card of Late Erusan, wherein the name of the petitioner does not find place, while the name of the second respondent finds place. He has also produced a copy of the ration card of the petitioner for the period 2005-2009 and the name of Late Erusan does not find place. He has also produced voters list, wherein the petitioner was shown as wife of one Chandran.

5. The second respondent has alleged that since taking into account the fact that late






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