High CourtsSingle Bench(2022) 07 TP CK 0013

Sathi Sukladas & Others vs State Of Tripura & Ors

Tripura High Court · Decided on 19 July 2022

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) 238 Of 2020

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Judgment

7 paragraphs · 257 words

Arindam Lodh, J

Heard Mr. R. G. Chakraborty, learned counsel appearing for the petitioners. Also heard Mr. P. Saha, learned counsel appearing for respondent nos. 1 to 3, Mr. S. S. Debnath, learned counsel appearing for the respondent no. 4- Tripura Small Industries Corporation Ltd. and Mr. S. Bhattacharjee, learned counsel appearing for the respondent no. 5.

The petitioner herein, claiming that she is the wife of late Nani Gopal Das, has filed this writ petition for getting pensionary benefits out of the death of said Nani Gopal Das.

During the course of the hearing it reveals that late Nani Gopal Das had another wife, the respondent no. 5 herein, who took away his dead body from the hospital. It further reveals that the respondent no. 5 herein has also claimed that she is the wife of late Nani Gopal Das, and according to respondent no. 5, late Nani Gopal Das died leaving behind the respondent no. 5, his mother and daughter, namely Smt. Ruma Das as his only legal representatives.

Mr. Chakraborty, learned counsel has submitted that the petitioner could not apply for survival certificate as original death certificate was procured by the respondent no. 5.

Having given thoughtful consideration to the aforesaid contentions, in my opinion, this is purely a civil dispute which cannot be adjudicated by this court under the writ jurisdiction. The petitioner may take appropriate course of action in any appropriate court of law.

Accordingly, the instant writ petition filed by the petitioner is dismissed. Consequently, interim order passed earlier stands vacated.