← Library
Madras High CourtWP/12287/2016disposed of

S.Dhanam v. The Tahsildar

2016-04-01Honourable Mr Justice R.Subbiah3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.12287 of 2016 and W.M.P.No.10632 of 2016 S.Dhanam ... Petitioner Vs.

The Tahsildar, (Social Security Scheme), Tindivanam Taluk, Tindivanam, Villupuram District.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent herein to consider the petitioner's representation dated 7.3.2016 and pass orders on merits and in accordance with law at the earliest point of time as may be fixed by this Court.

For Petitioner : Mr.N.Elumalai For Respondent : Mr.S.Navaneethan, Addl. Govt. Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider her representation dated 7.3.2016 and pass orders on merits and in accordance with law, at the earliest point of time as may be fixed by this Court.

3. The petitioner is a senior citizen and she is 64 years old. It is the case of the petitioner that the State of Tamil Nadu introduced a scheme viz., Indira Gandhi National Old

Age Pension Scheme (IGNOAPS) and as per the said scheme, (i) the aged persons, who are 65 years and above and who are below the poverty line; and (ii) the aged persons, who are 60 years and above and are affected by leprosy or blindness or insanity or paralysis or loss of limb;

are entitled get a sum of Rs.1,000/- per month as pension. According to the petitioner, she is entitled to get pension and she was also receiving the pension amount from 20.6.2013 till August, 2014. Thereafter, all of a sudden, without any enquiry, the pension amount was stopped by the respondent from August, 2014. The petitioner is affected with various ailments and she has no source of income for her livelihood. Hence, the petitioner gave a representation dated 7.3.2016 to the respondent seeking pension under the said scheme. Though the said representation was received by the respondent on 10.3.2016, till date, no action was taken by the respondent. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim made by the petitioner, this Court directs the petitioner to give a fresh representation to the respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order, and on receipt of the same, the respondent is directed to consider the said representation and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner, within a period of six weeks thereafter. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

sbi Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To The Tahsildar, (Social Security Scheme), Tindivanam Taluk, Tindivanam, Villupuram District.

+ 1 cc to The Govt.Pleader, Sr 20973 KR/20/4/16 W.P.No.12287 of 2016