Madras High CourtWP/829/2025allowed

G.Muralidharan v. The Secretary

2025-03-19Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY G.MURALIDHARAN ... Petitioner Vs 1.

THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, UNION OF INDIA, 616 'A' WING, SASTRI BHAWAN, NEW DELHI - 110 001.

THE DIRECTOR, DR.AMBEDKAR FOUNDATION, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, UNION OF INDIA, GROUND FLOOR, NARCOTICS CONTROL BUREAU BUILDING, WEST BLOCK-WING NO.VII, R.K.PURAM, NEW DELHI - 110 066.

THE DISTRICT COLLECTOR, CUDDALORE DISTRICT, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 4.

THE DISTRICT WELFARE OFFICER, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 5.

THE WELFARE OFFICER, DISTRICT ADI DRAVIDAR WELFARE AND TRIBAL DEPARTMENT, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 1/6

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari Mandamus, calling for the records of EO: 79718 second respondent order dated 01.03.2024 quash the same and consequently direct the second respondent to grant Aid as per the "Dr.Ambedkar Scheme for Social Integration through inter caste Marriages". For Petitioner : Mr.S.T.Varadarajalu For R1 : Mr.Rajesh Vivekanandan Deputy Solicitor General of India For R2 : Mr.V.Ashok Kumar Central Government Standing Counsel For R3 to R5 : Mr.S.Senthil Murugan Special Government Pleader

ORDER

This writ petition is filed for a certiorarified Mandamus calling for the records relating to the impugned order in EO: 79718 dated 01.03.2024 passed by the second respondent and to consequently direct the second respondent to grant Aid as per the Dr.Ambedkar Scheme for Social Integration through inter caste Marriages.

2. The case of the petitioner is that the petitioner married to one 2/6

P.Saranya on 14.07.2017 and it was an intercaste marriage. According to the petitioner, they are fully eligible for the aid provided under the scheme framed by the first respondent and administered by the second respondent. As per the procedure, the petitioner was required to approach the District Collector with the relevant particulars in the appropriate format. The petitioner filed the application before the District Collector in the month of May 2018. As a matter of fact, the communication of the District Adi Dravidar and Schedule Tribe Welfare Officer, Cuddalore dated 17.10.2024 is relied in support thereon.

3. On a perusal of the said communication, it is mentioned that an enquiry was conducted and a report was sent on 22.06.2018 itself. Therefore, the petitioner made the application within a period of one year and the same is duly processed as per the procedures by the concerned authorities and forwarded to the second respondent. However, the impugned order, rejects the application on the grounds that the second respondent received the proposal from the authorities only on 27.09.2019, that is, after the period of one year and therefore, the aid was rejected.

4. It can be seen that the scheme does not envisage an application being 3/6

made directly to the second respondent. The application has to be submitted to the District Collector, who is responsible for conducting an enquiry and forwarding the application along with his recommendations. In this case, the marriage occured on 14.07.2017. The application was submitted in the month of May 2018 and the enquiry itself was conducted in June 2018. Therefore, since the application was made within a period of one year, it is the date of application that should be considered, not the date the second respondent received it. Therefore, the impugned order is not sustainable.

5. Accordingly, this writ petition deserves to be allowed and is allowed on the following terms:- (i) The impugned order dated 01.03.2024 made in EO:79718 shall stand quashed.

(ii) The second respondent shall treat the application of the petitioner as being filed within time and release the necessary benefits to the petitioner within a period of twelve weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs. 19.03.2025 nsl 4/6

To 1.

THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, UNION OF INDIA, 616 'A' WING, SASTRI BHAWAN, NEW DELHI - 110 001.

THE DISTRICT COLLECTOR, CUDDALORE DISTRICT, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 4.

THE DISTRICT WELFARE OFFICER, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 5.

THE WELFARE OFFICER, DISTRICT ADI DRAVIDAR WELFARE AND TRIBAL DEPARTMENT, COLLECTOR OFFICE, GUNDU SALAI ROAD, ALPET, MANJAKUPPAM, 5/6

D.BHARATHA CHAKRAVARTHY, J.

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