C.Pown Ammal v. The District Collector/ Vellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2018 CORAM :

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.14851 of 2018 C.Pown Ammal ..Petitioner Vs.

1. The District Collector/Vellore, Office of the District Collector, Vellore District, Vellore-632009.

2. The Tahsildar Office of the Tahsildar, Vaniampadi-635751 Vanniampadi Taluk, Vellore District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose of the representation dated 08.02.2018 seeking family pension on its merit within the time frame.

For Petitioner :Mr.C.Regu Rajan For Respondents :Mrs.R.Janaki (R1 and R2) Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to dispose of the representation of the petitioner dated 08.02.2018 seeking family pension on merits within the time frame.

2. Mrs.P.Janaki, learned Additional Government Pleader accepts notice on behalf of the respondents.

3. By consent of both sides, this Writ Petition is taken up and disposed of at the stage of admission itself.

4. The grievance of the petitioner is that though she is entitled to family pension, the same has not been granted to her, inspite of representation being made in this regard to the respondents on 08.02.2018. Hence, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

5. Considering the limited scope of prayer sought for by the petitioner, this Court is of the view that no useful purpose would be served in seeking counter affidavit from the respondents.

6. Heard the learned counsel for the petitioner as well as learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2.

7.The learned Additional Government Pleader who accepts notie on behalf of the respondents 1 and 2 would submit that if such representation is pending, the same shall be considered in accordance with law, within a stipulated period as fixed by this Court.

8. Considering the aforesaid facts of the case and also the submissions made, this Court directs the first respondent to consider the representation of the petitioner dated 08.02.2018, on merits and in accordance with law and pass a speaking order on the same within a period of six weeks from the date of receipt of a copy of this order, if there is no other legal impediment and communicate the decision taken to the petitioner. However, it is made clear that this Court has expressed no opinion on the merits of the representation and the entitlement of the petitioner to family pension. This Writ Petition is disposed of with the above directions. No costs.

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

arr To

1. The District Collector/Vellore, Office of the District Collector, Vellore District, Vellore-632009.

2. The Tahsildar Office of the Tahsildar, Vaniampadi-635751 Vanniampadi Taluk, Vellore District.

+1cc to Mr.C.Ragu Rajan, Advocate Sr.38498 +1cc to the Government Pleader Sr.40957 W.P. No.14851 of 2018 srg 11/07/2018