W.A.No.3824 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on:27.09.2023

Delivered on: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

AND

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.A.No.3824 of 2019

and W.P.No.11155 of 2020

W.A.No.3824 of 2019

1. Adlin Mannah

2.Mr.Raja Pandian

3.Mrs.Raja Pandian

.. Appellants

Vs.

1.Victoria Aruldoss

2.Tahsildar

Parutipattu Village

Tiruvallur District

Poonamallee-600 056

3.The Registrar (Birth &Deaths)

Department of Public Health

Corporation of Chennai

Chennai-600 003

1

https://www.mhc.tn.gov.in/judis

W.A.No.3824 of 2019

4.Medical Director

Railway Hospital

Perambur,

Chennai-600 023

5.A.Sunil Franklin

6.Tahsildar

No.1, Palli Arasan Street

New Avadi Road

Ayanavaram

Chennai-600 023

7.Abishekam

.. Respondents

Prayer:- Appeal filed under Clause 15 of Letter Patent praying to set aside

the order passed by this Court in W.P.No.13825 of 2019 dated 01.10.2019.

For Appellants

:

Ms.N.R.Jasmine Padma

for

Mr.L.Chandra Kumar

For Respondents

:

Ms.T.Hemalatha

for

Mr.C.Daniel & Gladys Daniel for R1 & 5

Mrs.P.T.Ramadevi, Standing Counsel for R3

Mr.U.M.Ravichandran, Spl.G.P for R 2 and 6

Not ready notice Reg R7

Mr.M.T.Arunan for R4

W.P.No.11155 of 2020

Victoria Aruldoss

.. Petitioner

2

https://www.mhc.tn.gov.in/judis

W.A.No.3824 of 2019

Vs.

1.The Secretary Railway Board

Federation of Railway

Officer's Association Office

256-A, New Delhi-110 001

2.The General Manager's Office

Southern Railway-Personnel Branch

Chennai-600 003

3.The Dean

Perambur Railway Hospital

Police Salai, Ayanavaram

Chennai-600 023

4.Adlin Mannah

5.Central Administrative Tribunal

High Court Campus

Madras High Court Buildings

Chennai-600 104

.. Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Certiorarified Mandamus to quash the order of

the 5^th respondent dated 28.02.2020 in OA/310/00185/2019 and direct

respondent Nos.1 to 3 to make payment of terminal benefits of the

petitioner's late son Anil Lionel to the petitioner.

For Petitioner

:

Mrs.T.Hemalatha

for

Mr.C.Daniel& Gladys Daniel

For Respondents

:

Ms.N.R.Jasmine Padma

for

Mr.L.Chandrakumar for R4

3

https://www.mhc.tn.gov.in/judis

W.A.No.3824 of 2019

No Appearance for R2 and 3

Not ready notice Reg R1

COMMON JUDGMENT

(Judgment of the Court was made by P.B.BALAJI,J.)

W.A.No.3824 of 2019

The wife of deceased railway employee, aggrieved by the order of

Writ Court in W.P.No.13825 of 2019 dated 01.10.2019 is the appellant

before us.

2. The mother of the deceased railway employee, as writ petitioner,

sought for issuance of a writ of certiorari to quash the proceedings dated

10.11.2015 on file of the first respondent, Tahsildar, Paruthipattu Village

Tiruvallur District. The case of the writ petitioner is that her son was

employed in the railways and he died in harness. The petitioner suspected

the death to be unnatural and according to the petitioner, her daughter-in-

law murdered her son and therefore the terminal benefits payable by the

department ought not to be given to the wife of the deceased railway

4

https://www.mhc.tn.gov.in/judis

W.A.No.3824 of 2019

employee. It is also the case of the writ petitioner that criminal proceedings

were pending at her instance in M.P.No.1232 of 2018 on the file of the XI

Metropolitan Magistrate Court, Saidapet, challenging the closure report of

CBCID dated 25.04.2018. According to the writ petitioner, the 4^th

respondent, namely, her daughter-in-law was disentitled to receive the

terminal benefits. The further allegation of the petitioner is that a

fabricated legal heirship certificate was produced by the 4^th respondent

suppressing a class II legal heir, namely, one Mr.Sunil Franklin who is the

brother of the deceased Dr.Anil Lionel and has survived him. The writ

petition challenges the order issuing the legal heirship certificate.

3. Before the Writ