Mr.K.N.Ramayya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No. 4729 of 2015 Mr.K.N.Ramayya ..

Petitioner

Versus

1.The District Collector Krishnagiri District Krishnagiri

2. The Tahsildar Taluk Office, Hosur, Krishnagiri District

3. The Revenue Inspector R.J.Office, Uddanappalli Hosur, Krishnagiri District

4. The Village Administrative Officer VAO Office, Uddanappalli Hosur Taluk, Krishnagiri District ..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the petitioner's representation dated 02.2.2015 and to issue him, old age pension in CM's Farmer Protection Scheme 2011 as per G.O.(Ms.) No.265, Revenue (LR- I(2)) Department dated 10.9.2011. For Petitioner :

Mr.M.P.Saravanan For Respondents:

MS.P.Rajalakshmi Government Advocate

ORDER

Heard M.P.Saravanan, learned counsel for the petitioner and Mrs.P.Rajalakshmi, learned Government Advocate Appearing for the respondents and with their consent, the writ petition itself is taken up for disposal at the admission stage.

2.

The petitioner seeks for issuance of writ of mandamus to direct the respondents to consider the petitioner's representation dated 02.2.2015 and to continue to pay old age pension as per the Pension Scheme formulated by the Government in G.O.Ms.No.265, Revenue (LR-I(2)) Department, dated 10.9.2011. The petitioner would state that he was granted pension under the said scheme at the rate of Rs.200/- p.m from the year 2006 and it was subsequently, revised to Rs.1,000/-. However, abruptly, the pension has been stopped and, therefore, the petitioner submitted a representation dated 02.2.2015 and since no order has been passed, the petitioner is before this Court.

3. It is not known under what circumstances the pension has been abruptly stopped. Even if there was any enquiry conducted by the respondent officials whereby it was found that the petitioner was not eligible for pension, the same cannot be stopped without issuing notice to the petitioner and without cancelling the order of sanction of pension.

4. In the light of the above, there will be a direction to the second respondent to consider the petitioner's representation dated 02.2.2015 on merits and in accordance with law. If there is no legal impediment, the second respondent is directed to continue to pay pension to the petitioner including the arrears of pension.

5. On the contrary if there is any adverse report then, the second respondent is directed to issue show cause notice to the petitioner and after affording an opportunity to the petitioner to submit his representation, pass appropriate orders on merits and in accordance with law.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Collector Krishnagiri District Krishnagiri

2. The Tahsildar Taluk Office, Hosur, Krishnagiri District

3. The Revenue Inspector R.I.Office, Uddanappalli Hosur, Krishnagiri District

4. The Village Administrative Officer VAO Office, Uddanappalli Hosur Taluk, Krishnagiri District + 1 cc to Mr. M.P. Saravanan, Advocate SR.10141 + 1 cc Government Pleader Sr.10141 WP.No.4729 of 2015 RK(CO) EU 11.03.2015