Chinammaal v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.1631 of 2021 Chinnammaal ... Petitioner Vs.

1.

State rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.

The District Collector, District Collector Office, Krishnagiri - 635 115.

The Revenue Divisional Officer, Krishnagiri.

The Principal Accountant General (A & E), 361, Anna Salai, Chennai 600 018.

5.

The Tahsildar, Uthangarai Taluk, Krishnagiri District.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to consider the Petitioner's representation dated 18.11.2020 for grant of family pension to the Petitioner on account of death of her husband, Mr.Ponnusamy, from the date of his death, i.e. 23.09.1995 to till date with all arrears and benefits with interest at the rate of 12% per annum within the time stipulated.

For Petitioner :

Mr.R.Bharath Kumar For Respondents :

Mr.J.Pothiraj, Special Government Pleader

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to Respondents to consider her representation dated 18.11.2020 for grant of family pension to her, on account of death of her husband, Mr.Ponnusamy, from the date of his death, i.e. 23.09.1995 to till date with all arrears and benefits with interest at the rate of 12% per annum.

Heard the learned counsel on either side and perused the material documents available on record.

Considering the facts and circumstances of the case, this Court directs the Respondents herein to consider the Petitioner's representation dated 18.11.2020 in accordance with law, after affording an opportunity of personal hearing to the Petitioner, and pass appropriate orders on the same, within a period of sixty days from the date of receipt of a copy of this order.

The Petitioner shall furnish her phone number, Email ID, if any, etc., along with a copy of her representation and a copy of this order to the Respondents, forthwith. Respondents are directed to communicate the decision taken on the representation, to the Petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court. With the above direction and observation, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar (aeb)

To:

1.

The Principal Secretary to Government, State of Tamilnadu, Revenue Department, Secretariat, Chennai 600 009.

The District Collector, District Collector Office, Krishnagiri - 635 115. The Revenue Divisional Officer, Krishnagiri.

The Principal Accountant General (A & E), 361, Anna Salai, Chennai 600 018.

5.

The Tahsildar, Uthangarai Taluk, Krishnagiri District.

+1cc to Mr.R.Bharath Kumar, Advocate SR.No.21707 +1cc to Government Pleader SR.No.21460 W.P.No.1631 of 2021 JP-II(CO) GMY(03/05/2021)