Mr.B.K.Ramachandran, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14567 of 2016 1 Mr.B.K.Ramachandran ... Petitioner Vs.

1 The District Collector Krishnagiri Collectorate Krishnagiri District Krishnagiri.

2 The Special Tahsildar Pochampalli Taluk Krishnagiri District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to dispose of the representation of the petitioner dated 02.11.2015 pending on the file of the first respondent in accordance with law within the time frame as fixed by this Honble Court.

For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr.M.Dig Vijay Pandian Additional Government Pleader

O R D E R

The prayer in the writ petition is to issue a Writ of Mandamus, directing the first respondent to dispose of the representation of the petitioner dated 02.11.2015 pending on his file, within the time frame.

(2.1) The petitioner is a registered Homeopathy practitioner at Krishnagiri. His registration number is 7539 in the Tamil Nadu Homeopathy Medical Council constituted by the Government of Tamil Nadu. His permanent residential address is Pokkampatti, Balethottam Post, Pochampalli Post and Taluk, Krishnagiri District. He has been in service for more than four decades. His age is 67 years.

(2.2) The Government of Tamil Nadu sanctioned pension to the hereditary Siddha practitioners, who were above 60 years of age and the said benefit was also extended to 500 Registered Ayurveda, Unani and Homeopathy practitioners at the rate of Rs.500/- per month, as per G.O.Ms.No.41, Health and Family Welfare Department dated 16.2.2010.

(2.3). According to him, as per the said G.O.Ms.No.41 dated 16.2.2010, the petitioner is also eligible for the sum of Rs.500/- as old age pension. Therefore, he furnished an application dated 28.11.2014 to the second respondent, enclosing the documents like, Income Tax proof, residential proof, age proof, Clause B.7539 proof, Copy of Gazette publication, Identity proof, Certificate issued by the Registrar of Tamil Nadu Homeopathy Medical Council. But, the same was not considered. He again sent a detailed representation dated 2.11.2015 to the first respondent. Even thereafter it was not considered. Hence the present writ petition.

3. Heard the learned counsel for the petitioner and Mr.M.Dig Vijay Pandian, learned Additional Government Pleader, appearing on behalf of the respondents.

4. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the first respondent to consider the representation of the petitioner dated 2.11.2015 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim made by the petitioner and it is for the first respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ajr To 1 The District Collector Krishnagiri Collectorate Krishnagiri District Krishnagiri.

2 The Special Tahsildar Pochampalli Taluk Krishnagiri District.

1 cc to Mr.K.R.Rameshkumar, Advocate, sr.24555 1 cc to Government Pleader, sr.24933 W.P.No.14567 of 2016 ak co kra 24.05.2016