B.Rose, v. The Commissioner And Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No. 26649 of 2012 B. Rose ... Petitioner -vs1. The Commissioner and Secretary to Government of Tamil Nadu, Social Welfare-Women Welfare Department, Fort Saint George, Chennai - 600 009.
2. The District Collector, Thiruvarur District, Office of the District Collector, Thiruvarur, Thiruvarur District.
3. Block Development Officer, Office of the Block Development Office (BP), Needamangalam, Thiruvarur District.
... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus, calling for the entire records connected with the impugned order of the third respondent dated 01.12.2011 made in Na.Ka.No.0926/2011 and quash the same and direct the respondents to consider the representations of the petitioner dated 10.12.2011, 25.04.2012 and 09.06.2012 and pay a sum of Rs.50,000/- being the amount as implemented under the scheme to help the poor and economically weaker section-women for the welfare and for their marriage.
For Petitioner : Mr.V.Sivalingam For Respondents: Mr.K.M.D.Muhilan Government Advocate for R1 to R2 : Mr.K.Arun Babu for R3
O R D E R
(Through Video Conferencing) The relief sought for in the present writ petition is to quash the order of rejection passed by the Block Development Officer, for the purpose of disbursing the money under the Free Marriage Financial Assistance Scheme.
2.The reasons stated in the order impugned, dated 01.12.2011, are that, (i) no one in the family should be employed in Government Department, (ii) any of the parents should not be a pensioner, (iii) the age of the bride must be 18 and above and (iv) no one in the family should have availed the benefit under the said scheme. However, the reasons relied on by the authorities for the rejection is that, on the particular date mentioned in the application, the marriage between the bride and bride groom was not solemnized.
3.The learned counsel for the petitioner states that the marriage was solemnized on some other day.
4.This Court is of the considered opinion that these disputed facts cannot be adjudicated in respect of such free schemes. With reference to the conditions of the scheme, it is a concession extended by the Government by way of policy. The counter affidavit of the District Collector, Tiruvarur, states as under :- "6. I respectfully submit that the Petitioner herein has applied for Marriage Assistance under Moovalur Ramamirtham Ammaiyar, Memorial Marriage Assistance Scheme with the Block Development Officer, Needamangalam, Thiruvarur District stating that her marriage is going to solemnized on 03.07.2011 by enclosing Marriage Invitation. The Block Development Officer, Needamangalam has scrutinized the application of the Petitioner and conducted a direct enquiry. After having a detailed enquiry, the Block Development Officer has rejected the Marriage Assistance Application of the Petitioner stating that "the marriage was not solemnized on the stipulated date of 03.07.2011" and the same was informed to the Petitioner in Roc.No.126/2011, dated 01.12.2011.
7. I respectfully submit that in the representations dated 10.12.2011, 25.04.2012 and 09.06.2012, the Petitioner has stated that the enquiry conducted by the Block Development Officer, Needamangalam was false and requested to extend the Marriage Assistance Benefit to the Petitioner. It is important to submit here that the Block Development
Officer is the implementing authority of the Marriage Assistance Scheme and he has delivered his duty in finding the genuineness of the Marriage Assistance Application. After due enquiry only, the Block Development Officer has rejected the application of the Petitioner."
5.In view of the facts and circumstances, the petitioner has not established any right for the purpose of granting the relief as such sought for in the present writ petition. This apart, the marriage was solemnized in the year 2011. This Court wishes the couple to lead a happy long life.
Accordingly, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sp/mkn To
1. The Commissioner and Secretary to Government of Tamil Nadu, Social Welfare-Women Welfare Department, Fort Saint George, Chennai - 600 009.
2. The District Collector, Thiruvarur District, Office of the District Collector, Thiruvarur, Thiruvarur District.
3. The Block Development Officer, Office of the Block Development Office (BP), Needamangalam, Thiruvarur District.
+1cc to Mr.V.Sivalingam, Advocate, S.R.No.54047 +1cc to the Government Pleader, S.R.No.54637 W.P. No. 26649 of 2012 AD(CO) CB(02/11/2021)