Sundari v. The Deputy Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.9871 of 2015 Sundari ... Petitioner Vs 1.The Deputy Secretary to the Government of Tamil Nadu, Public (Political Pension III), Secretariat, Fort St.George, Chennai - 9.

2.The District Collector, Coimbatore District, Coimbatore ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents herein to dispose the representation dated 16.02.2015 given by the petitioner within the stipulated time. For Petitioner :

Mr.T.Muruganantham For Respondents :

Mr.V.Subbiah Special Government Pleader

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner claims that her husband viz., Mr.Somasundaram was a freedom fighter and during his stay in Burma (now Myanmar), he participated in the freedom struggle by joining hands with Mr.Netaji Subash Chandra Bose, President of "Indian National Army" and on account of his participation he was arrested by the British Forces and was confined in Central Prison, Rangoon along with other freedom fighters from May 1945 to December 1945. 3.The petitioner further claims that after his release, her husband came down to India as a repatriate leaving all his belongings in Burma and subsequently married the petitioner and out of wedlock they begot six daughters and three sons. The

husband of the petitioner also applied for grant of freedom fighter pension on 25.05.2004 along with relevant documents in original and the said representation was followed by many reminders. However, those representations were not disposed of. 4.The husband of the petitioner became sick and died on 23.01.2010, leaving behind the petitioner, his sons and daughters as legal heirs. The petitioner subsequently submitted a representation dated 16.02.2015 to the respondents, praying for the grant of freedom fighter pension and along with the said representation, enclosed relevant documents and though it was received by both the respondents, she has not been favoured with any response and hence, came forward to file this Writ Petition.

5. Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents. 6.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the representation, directs the 1st respondent to consider the representation dated 16.02.2015 on merits and in accordance with law as expeditiously as possible and not later than four weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

7. The writ petition is disposed of, accordingly. No costs. Sd/- Asst.Registrar (Records) /true copy/ Sub Asst. Registrar ars/ds To 1.The Deputy Secretary to the Government of Tamil Nadu, Public (Political Pension III), Secretariat, Fort St.George, Chennai - 9.

2.The District Collector, Coimbatore District, Coimbatore.

1 cc to Mr.T. Muruganantham, Advocate, Sr. 18897 1 cc to Government Pleader, Sr. 19120 W.P.No.9871 of 2015 SSI (CO) kk 16/4