W.P.No.31099 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.08.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.31099 of 2025 D.Indra ... Petitioner Vs 1.The State of Tamil Nadu Rep. by Principal Secretary to Government Finance Department Secretariat, Chennai - 600 009. 2.The Accountant General / (A&E) Office of the Principal Accountant General, Anna Salai, Teynampet, Chennai - 600 018. 3.The District Treasury Officer, District Treasury Office, Collector Office Campus, Thiruvannamalai. 4.The Assistant Sub Treasury Officer, Sub Treasury Office, Cheyyar, Thiruvannamalai District. 5.Padmavathi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India 1/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 praying to issue a Writ of Mandamus to direct the 2nd respondent to conduct enquiry and cancel the family pension (PPO.No.C106085/EDG) sanctioned in favour of 5th respondent and pass appropriate orders by considering the petitioner's representation dated 22.05.2024. For Petitioner : Mr.P.Murali For Respondents : Mr.Azizulla Khan, Government Advocate for R1, R3 & R4 Mr.P.Mano Rajan, Standing Counsel for R2 ORDER The above writ petition has been filed seeking a mandamus to the second respondent to conduct enquiry and to cancel the family pension sanctioned in favour of the fifth respondent and to pass orders by considering the petitioner's representation dated 22.05.2024. 2. The case of the petitioner is that after the demise of her mother Ellammal, her father Deivasigamani, had married one Padmavathy as his second wife, who is the fifth respondent herein. Her father was a retired B.T.Teacher of a Government High School and he had been receiving pension. Her father died on 14.04.2010, on whose demise, the family 2/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 pension was sanctioned to Padmavathy, vide PPO.No.C106085/EDG. After the death of her father, within a short span of time, Padmavathy, the fifth respondent had deserted her matrimonial home and had married an another man. Now the petitioner would submit that she came to understand that the fifth respondent had contracted a third marriage. 3. The petitioner would contend that the act of the fifth respondent had defamed his father's name in the village and that apart, having contracted a marriage with another person and enjoying the family pension of her father, is a violation of law. Therefore, she had submitted her representation to the respondents on 22.05.2024, to take necessary action to cancel the family pension awarded to the fifth respondent. However, no action was taken to date. Hence, the petitioner is before this Court. 4. Heard the learned counsel for the petitioner, the learned Government Advocate who takes notice for respondents 1, 3 and 4 and the learned counsel appearing for the second respondent. 5. The learned Government Advocate appearing for the respondents 3/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 would submit that an enquiry was conducted by the Revenue Divisional Officer, wherein after investigation, it has come to know as follows vide her proceedings dated Na.Ka.A4/4461/2024 dated 22.11.2024: @jpUtz;zhkiy khtl;lk;. btk;ghf;fk; tl;lk;. mhptpiljh';fp kJuh igutg[uk; fpuhkj;ijr; nrh;e;j jpU/fpU&;zd; j-bg nfhtpe;jd; vd;gtu; jpUkjp/gj;khtjp vd;gtiu ,uz;lhtjhf jpUkzk; bra;J bfhz;ljhft[k; Rkhu; 2 khj';fs; jpU/fpU&;zd; vd;gtUld; thH;e;j epiyapy; gpupe;J brd;wjhft[k;. Rkhu; 15 Mz;Lfshf jpUkjp/gj;khtjp igutg[uk; fpuhkj;jpw;F tutpy;iy vd;gJk; bjupa tUfpwJ/ gpd;dh; fhy ;brd;w jpU/bja;trpfhkzp (nyl;) vd;gtuJ kidtp ” jpUkjp/gj;khtjp vd;gth; fPH;kl;il fpuhkk;. Vz;/315 hdKUfd;g[{z;o “ vd;w Kfthpapy; cs;s thlif tPl;oy; jpU/bry;tk; (taJ?60) vd;gtUld; fle;j 8 Mz;Lfshf trpj;J te;Js;shh; vdt[k; fle;j 5 khj';fSf;F Kd; nkw;go thlif tPl;oid fhyp bra;Jtpl;ljhft[k; bjupa tUfpwJ vd;gijj; bjuptpj;Jf; bfhs;fpnwd;/@ 6.Taking into account the fact that the fifth respondent was living with an other man for the last 8 years, her entitlement to draw the family pension through her first husband late Deivasigamani, who is the father of the petitioner herein, is questionable. Therefore, the second respondent shall consider the representation dated 22.05.2024 submitted by the petitioner, issue notice to the petitioner and fifth respondent, if required to the other interested parties to the litigation, afford them an opportunity of hearing, and 4/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 thereafter, shall pass orders to cancel the family pension awarded to the fifth respondent, in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 7. With the above directions, the writ petition is disposed of. No costs. 20.08.2025 Index : Yes / No Neutral Citation : Yes / No ds 5/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 To : 1.The Principal Secretary to Government Finance Department, Secretariat, Chennai 600 009. 2.The Accountant General / (A&E) Office of the Principal Accountant General, Anna Salai, Teynampet, Chennai 600 018. 3.The District Treasury Officer, District Treasury Office, Collector Office Campus, Thiruvannamalai. 4.The Assistant Sub Treasury Officer, Sub Treasury Office, Cheyyar, Thiruvannamalai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.31099 of 2025 P.T. ASHA, J, ds W.P.No.31099 of 2025 20.08.2025 7/7 https://www.mhc.tn.gov.in/judis