Parvathamma, v. The Special Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.12341 to 12351 of 2015, & M.P.Nos.1 to 1 of 2015 Parvathamma ..

Petitioner in W.P.12341/2015 Krishnappa ..

Petitioner in W.P.12342/2015 Sumithra ..

Petitioner in W.P.12343/2015 Nagappa ..

Petitioner in W.P.12344/2015 Venkatamma ..

Petitioner in W.P.12345/2015 Ramakka ..

Petitioner in W.P.12346/2015 Anumappa ..

Petitioner in W.P.12347/2015 Venkatasamy ..

Petitioner in W.P.12348/2015 Sidappa ..

Petitioner in W.P.12349/2015 Chinakka ..

Petitioner in W.P.12350/2015 Lagumakka ..

Petitioner in W.P.12351/2015 Vs.

The Special Tahsildar, Social Security Scheme, Hosur, Krishnagiri District.

..

Respondents in all WPs.

Writ Petitions filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the proceedings of the respondent in Na.Ka.16484/2014 (D2) dated 08.04.2015, quash the same as illegal, incompetent and ultravires and consequently, direct the respondent to pay the old age pension from 01.09.2014 and to pay continuously by considering the petitioners' representations dated 05.02.2015. For Petitioner ..

Mr.R.Jayaprakash in all W.Ps.

For Respondents ..

Mr.A.Kumar, in all WPs.

Special Government Pleader

ORDER

The petitioners were given pension earlier as per the proceedings of the respondent dated 08.09.2011. As the petitioners did not receive pension since 01.09.2014, they made representations on 05.02.2015, for which the impugned orders were passed on 08.04.2015 on the ground that the petitioners are owning certain properties and therefore, the earlier benefit was stopped. Challenging the same, the present writ petitions have been filed. 2.

A perusal of the orders impugned show that the petitioners have not been heard. As the said orders dated 08.04.2015 have got civil consequence, the same are liable to be set aside and accordingly, they are set aside. The respondent is directed to issue notice directing the petitioners to show cause as to why the pension granted by proceedings dated 08.09.2011 shall not be cancelled, within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the respondent shall pass appropriate final orders within a period of eight weeks, after affording opportunity to the petitioner.

3. The writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar raa

To The Special Tahsildar, Social Security Scheme, Hosur, Krishnagiri District.

+11 cc to Mr.R.Jayaprakash, Advocate, sr.43418 to 43426 & 43390 & 43391.

W.P.Nos.12341 to 12351 of 2015 rj(co) kra(3/9)