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Madras High CourtWP/1293/2021disposed of

S.Lakshmi v. The District,Collector

2021-01-22Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2021

CORAM

THE HONOURABLE M.R.JUSTICE ABDUL QUDDHOSE W.P. No.1293 of 2021 S.Lakshmi ...

Petitioner Vs 1.The District Collectorate, Collectorate of Chennai, Rajaji Salai, Chennai - 600 001.

2.The Special Tahsildar (S.W.S), Gangai Amman Koil Street, Alapakkam Chennai - 600 116.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the second respondent to consider the petitioner's representation dated 18.12.2020 releasing the petitioner's widow pension stopped from the year 2016.

For Petitioner ...

Mr.T.Karikalan For Respondents ...

Mr.V.Prabhu, Government Advocate

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 18.12.2020 by releasing the petitioner's widow pension which was stopped in the year 2017.

2. It is the case of the petitioner that her husband died on 08.03.1997 and she has been receiving the pension from 01.09.2008. However, all of a sudden, in the year 2017, when she changed her residence to No.513/9, 8th street, Mugambigai Nagar, Nerkundram, Chennai - 600107, the respondents have stopped sending pension amount to her. The petitioner has given a representation dated 18.12.2020 to the respondents requesting

them to release her pension amount. According to her, the said representation has not been considered till date. In such circumstances, this writ petition has been filed.

3. Heard Mr.T.Karikalan learned counsel for the petitioner and Mr.V.Prabhu, learned Government Advocate for the respondents.

4. The relief sought for in this writ petition is an innocuous one. The petitioner claims that her pension amount was stopped from 2017 onwards, when she changed her residential address to No.503/9, 8th street, Mugambigai Nagar, Nerkundram, Chennai 600 107. It is also her case that her husband died on 08.03.1997 and till the year 2016, she has been receiving the pension amount and only from the year 2017, the same was stopped. The petitioner has given a representation dated 18.12.2020 to the respondent requesting them to release the pension amount.

5. Learned Government Advocate appearing for the respondents would submit that as early as in the year 2019, a communication has been sent by the first respondent to the second respondent requesting the second respondent to carry out the amendment as regards the residential address of the petitioner.

6. No prejudice will be caused to the respondent, if the representation of the petitioner is considered on merits and in accordance with law expeditiously.

7. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 18.12.2020 requesting for release of the pension amount to her and pass final orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of his Order.

8. With the aforesaid direction,this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nl

To 1.The District Collectorate, Collectorate of Chennai, Rajaji Salai, Chennai - 600 001.

2.The Special Tahsildar (S.W.S), Gangai Amman Koil Street, Alapakkam Chennai - 600 116.

+1cc to Mr.T.Karikalan, Advocate SR.3630 +1cc to the Government Pleader SR.3560 W.P. No.1293 of 2021 RSV(CO) CB(16/02/2021)