AI Structured Summary
Not yet generated for this judgment
Judgment
Vinod K. Sharma, J.—The Petitioner seeks a Writ in the nature of Certiorari for quashing the order passed by the first Respondent,
directing the payment of 50% of the DCRG benefit in favour of Respondent No. 2.
It is not disputed that there is a dispute with regard to inheritance of Late.Shri.Sathyaseelan, is pending in the Civil Court.
The Petitioner prays for release the retrial benefits to her being the nominee, whereas, the Respondent No. 2 is claiming the amount being the
legal representative i.e., wife of Late. Shri. Sathyaseelan.
The suit with regard to the entitlement to recover the retrial benefits and status of Respondent No. 2 as wife is pending in the Civil Court.
The Petitioner has an alternative remedy to seek requisite relief from the Civil Court in the pending suit or file a cross-suit.
The dispute raised in this Writ Petition admittedly is pending in the Civil suit therefore, this Writ Petition being not competent, is ordered to be
dismissed, with liberty to the Petitioner to take appropriate steps to protect her interest in the Civil Suit, or by filing cross-suit before the Civil
Court.
Consequently, connected Miscellaneous Petition is dismissed. No. costs.