K.N. Ramayya, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.28751 OF 2015 AND M.P.NO.1 OF 2015 K.N.Ramayya

...Petitioner

vs The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

...Respondent

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating with the proceedings passed by the respondent in No.Na.Ka.11424/15/TI dated 11.05.2015 and quash the same and consequently to direct the respondent to issue petitioner's old age pension in CM's Farmer Protection Scheme 2011 as per G.O.(Ms).No.265, Revenue (LR-I(2)) Department, dated 10.09.2011.

For Petitioner :

Mr.M.P.Saravanan For Respondent :

Mr.K.M.D.Muhilan Government Advocate

O R D E R

The relief sought for in the present Writ Petition is to quash the order of cancellation canceling the Old Age Pension in proceedings dated 11.05.2015 and directing the respondent to issue Old Age Pension in favour of the petitioner.

2. The petitioner states that he approached the appropriate authorities for grant of Old Age Pension. However, the authorities informed that the Old Age Pension has already sanctioned in favour of the petitioner was stopped based on the Government Order.

3. In view of the fact that the petitioner has not received the Old Age Pension, he approached the authorities who in turn passed the impugned order. Perusal of the order impugned would reveal that the petitioner is not eligible for Old Age https://hcservices.ecourts.gov.in/hcservices/

Pension. The counter filed by the respondent would reveal that the petitioner owns about 1.68 acres of valuable lands with patta in his name and that he has put up tiled and sheeted house structures in a portion of the said land. The petitioner is living along with the families of his sons in the said house. Therefore, the Old Age Pension was stopped for the petitioner.

4. The earlier Writ Petition filed was disposed of with a direction to consider the representation. The authorities considered the representation and passed the order impugned in this Writ Petition.

5. This Court is of the considered view that the Tahsildar conducted an enquiry and during the enquiry he found that the petitioner owns 1.68 acres of valuable lands with patta in his name and he is living with his family members including the sons in the said house.

6. This being the factum established, as per the scheme introduced by the Government, the petitioner is not eligible for grant of Old Age Pension and there is no infirmity as such in the impugned order passed and the Writ Petition is devoid of merits.

7. Accordingly, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar vji / Sp To The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

+1cc to Mr.M.P.Saravanan, Advocate SR.No.52320 +1cc to the Government Pleader SR.No.53182 W.P. No. 28751 of 2015 and M.P. No. 1 of 2015 RLD(CO) RVM(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/