Santhanam vs The Assistant Director

Court
Madras High Court

WP(MD) No. 20452 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HON'BLE MR. JUSTICE B.PUGALENDHI
WP(MD) No. 20452 of 2026
CNR:{HCMD010961862026}
Santhanam
S/o. Sebasthian,
44, Vaithiyalingapuram,
Veerayan Kanmai,
Senjai,
Karaikudi,
Sivagangai District.
..Petitioner
Vs
1. The Assistant Director
Panchayat Union,
Pension Payment,
Local Fund Audit Department,
Perasriyar K.A. Anbazhagan Maligai 4th
Floor,
Nanthanam,
Chennai - 35.
2. The Commissioner
Needamangalam Panchayat Union,
Thiruvarur District.
3. The Revenue Divisional Officer
Pattukottai,
Thanjavur District.
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WP(MD) No. 20452 of 2026
4. The Registrar (Birth and Death)
121, Muthal Cherry Village Panchayat,
Thanjavur District.
..Respondents
PRAYER: S-12. Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of
Mandamus, directing the respondents 1 and 2 to grant family
pension to the petitioner to the death of his wife / employee Pappathi
(PPO No.25105/P) without insisting to include the petitioners name
in the death certificate and legal heir certificate of said Pappathi,
within stipulated time as fixed by this Honble Court and pass such
further or other orders as this Honble Court may deem fit and proper
in the circumstances of the case and thus render justice.
For Petitioner :Mr.S.Saravana Kumar
For Respondents :Mr.M.Mahaboob Athiff
Special Government Pleader
O R D E R
Seeking family pension, the petitioner, the husband of
the deceased employee of Needamangalam Panchayat
Union,Thiruvarur District, has approached this Court.
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WP(MD) No. 20452 of 2026
2.The case of the petitioner is that the petitioner is the
second husband of the deceased employee one Pappathi. Seeking
family pension, the petitioner has submitted a representation before
the respondents. The said request of this petitioner has been rejected
that in the death certificate issued in favour of the deceased
pensioner, Pappathi, her husband name was shown as Periyasamy.
Therefore, this petitioner is before this Court.
3.The learned counsel for the petitioner admits that the
petitioner is the second husband of the deceased pensioner Pappathi.
She was already married to one Periyasamy and he died in the year
1973 and thereafter this petitioner has married Pappathi. This fact
has also been admitted by the legal heirs of Pappathi born through
her first husband, Periyasamy. However, the respondents have
insisted for recording the name of Periyasamy as husband of
Pappathi. Therefore the death certificate was issued in the name of
Pappathi, W/o Periyasamy and by referring the same the respondents
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WP(MD) No. 20452 of 2026
are not providing the eligible family pension to this petitioner. The
learned Counsel for the petitioner by referring to the service register
of the deceased employee submits that in the service Register, the
name of this petitioner has been shown as husband of the deceased
employee.
4.The learned Special Government Pleader submits that
except Aadhaar Card, Ration Card and passport, there is no other
documents to substantiate that this petitioner is married to the
pensioner Pappathi and therefore they are not in a position to
provide the family pension to this petitioner, in the absence of any
valid documents / any orders to that effect.
5. This Court considered the rival submissions made and
also perused the materials placed on record.
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WP(MD) No. 20452 of 2026
6.The petitioner claims that he is the second husband of
the pensioner Pappathi and he married her after the death of her first
husband, namely Periyasamy in the year 1973. During her lifetime,
she has mentioned this petitioner’s name as her husband in the
service Register. Based on the representation of this petitioner, it
appears that the Assistant Director, Local Fund Audit
Department/the first respondent has ordered for an enquiry by the
Revenue Divisional Officer, Thanjavur /the third respondent. The
third respondent, after verifying the legal heirs of the deceased
pensioner through her first husband Periyasamy, has filed a report
that the legal heirs have admitted the factum of second marriage of
their mother Pappathi with the petitioner after the death of their
father Periyasamy. It is to be noted that in the Ration card, Passport
and Aadhaar card, the entries have been made as this petitioner is the
husband of the deceased employee Pappathi. The endorsements
made by the deceased employee Pappathi in the service Register,
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WP(MD) No. 20452 of 2026
during her lifetime that this petitioner is the husband and the factum
of marriage of this petitioner with Pappathi has been admitted by the
legal heirs of the deceased employee discloses that the petitioner is
the second husband of the deceased employee Pappathi.
7. In view of the above, this writ petition is allowed with
a direction to the respondents to pay the family pension along with
arrears, if any, to the petitioner forthwith. No costs.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VRN
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WP(MD) No. 20452 of 2026
To
1. The Assistant Director
Panchayat Union
Pension Payment
Local Fund Audit Department
Perasriyar K.A. Anbazhagan Maligai 4th Floor
Nanthanam
Chennai - 35
2. The Commissioner
Needamangalam Panchayat Union
Thiruvarur District
3. The Revenue Divisional Officer
Pattukottai
Thanjavur District
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WP(MD) No. 20452 of 2026
B.PUGALENDHI, J.
vrn
Order made in
WP(MD) No. 20452 of 2026
30.10.2026
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