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Madras High CourtWP/18606/2021disposed of

Veeran v. The Sub Collector

2021-09-06Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No. 18606 of 2021 Veeran .. Petitioner

Versus

The Sub-Collector Revenue Divisional Officer Office Dharapuram Tiruppur District .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to consider and pass orders on the petitioner's application, which was taken on file as Na.Ka.1139/2016/A sent for seeking compensation for the death of his wife Govindammal in a road accident under the Hon'ble Chief Minster's Relief Fund within a stipulated period.

For Petitioner : Mr. K. Govi Ganesan For Respondent : Mr. Stalin Abhimanyu Government Counsel

ORDER

Mr. Stalin Abhimanyu, learned Government counsel takes notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.

The present writ petition has been filed seeking to issue a Writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner's application, taken on file as Na.Ka.1139/2016/A, which was sent seeking

compensation for the death of his wife Govindammal in a Road Accident under the Hon'ble Chief Minster's Relief Fund within a stipulated time to be fixed by this Court.

3.

According to the petitioner, his wife Govindammal, who was aged 57 years, met with a road accident on 20.02.2015 and succumbed to the injuries on the same day namely 20.02.2015.

In connection with the accident, a First Information Report was registered in Crime No. 107 of 2015 on the file of Vellakovil Police Station. According to the petitioner, the Government of Tamil Nadu had taken a policy decision to disburse compensation to the victims of road accidents from and out of the Chief Minister's Relief Fund. The petitioner submitted an application seeking compensation for the death of his wife in the road accident on 20.02.2015. In response, the respondent called upon the petitioner for an enquiry on 03.10.2018 which the petitioner attended and produced all the documentary evidences. Thereafter, nothing was heard from the respondent and therefore, the petitioner submitted a representation on 12.07.2021 requesting the respondent to disburse compensation. However the representation dated 12.07.2021 has not been considered and orders passed thereof. It is in those circumstances, the petitioner has filed this Writ Petition for the relief stated supra.

4.

Heard both parties. It is stated that the respondent issued a notice dated 21.09.2018 for conducting an enquiry on 03.10.2018 and the petitioner also attended such enquiry. However, the respondent has neither passed any order nor rejected the claim of the petitioner for disbursement of compensation. Therefore, taking note of the above facts and circumstances, without going into the merits of the case, this Court directs the respondent to consider the petitioner's representation dated 12.07.2021 and pass order on merits and in accordance with law, within a period of eight weeks thereafter. 5.

With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar

dhk/rsh To The Sub-Collector Revenue Divisional Officer Office Dharapuram Tiruppur District +1CC to M/s.K.Govi Ganesan, Advocate, SR.No. 45008 +1CC to The Government Pleader, SR.No. 45222 WP No. 18606 of 2021 CP(CO) B.VC (06/10/2021)