K.Arasu, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27214 of 2016 And W.M.P.No.23353 of 2016 K.Arasu ... Petitioner Vs.

1 The District Collector, District Collector Officer, Villupuram District.

2 The Social Welfare Officer, District Social Welfare Office, Villupuram District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari Mandamus to call for the records in Na.Ka.No.258/A2/2015 dated 17.11.2015 on the file of the 2nd respondent and quash the same as illegal, incompetent and unconstitutional and further direct the 2nd respondent to sanction the Marriage welfare scheme to the petitioner considering his representation dated 03.12.2015. For Petitioner : Mr.J.Stalin For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

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

2.The petitioner would state that he is working as server in a hotel on daily wage basis and he is having two daughters and one son and one of the daughter had completed B.A., B.Ed. and the petitioner arranged for her marriage and the same was fixed on 20.05.2015. The petitioner on account of his poor economic background was not in a position to meet the marriage expenses and therefore, applied for necessary certificate before the jurisdictional Tahsildar and there was some delay and in the

meanwhile, marriage of his daughter was performed and thereafter, submitted application dated 30.05.2015 to the second respondent praying for marriage assistance under "Moovalur Ramamirtham Ammaiyar Ninaivu Marriage Assistance Scheme" and it was rejected on 17.11.2015, by the office of the second respondent stating that such an application is to be submitted prior to the solemnization of the marriage and since it is registered after ten days from the date of performance of marriage, it cannot be considered and challenging the legality of the said order, the petitioner has filed this writ petition. 3.

The learned counsel appearing for the petitioner would submit that the second respondent is having power to condone the delay and admittedly, the application could not be presented on time due to the reason, that it took some time to obtain the necessary certificates from the jurisdictional Tahsildar and since the application is submitted just after ten days from the date of the marriage, which is also not in serious dispute, there cannot be any impediment on the part of the second respondent to consider the petitioner's application favourably and accord assistance under the said Scheme.

4.This Court also heard the submissions of Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents.

5.It is not in serious dispute that the petitioner is having poor economic background and with great difficulty has performed the marriage of his daughter namely, A.Anitha on 20.05.2015. It is the specific case of the petitioner that since he had to obtain necessary certificates from the jurisdictional Tahsildar for getting assistance under the Scheme, there was a delay in submitting the application and therefore, it cannot be put against the petitioner.

6.In the considered opinion of this Court, the second respondent is having discretion and power to condone the delay. The fact remains that due to procedural formalities, the petitioner could not submit the application on time. As already pointed out, the marriage of the petitioner's daughter also, is not in serious dispute. Therefore, there cannot be any impediment on the part of the second respondent to consider the application submitted by the petitioner, in the light of the relevant norms and regulations.

7.In the result, the writ petition is partly allowed and the impugned proceedings of the second respondent dated 17.11.2015, is set aside and the matter is once again remanded back to the second respondent, who shall take the application on file, if the papers are otherwise in order and consider the same, in accordance with the relevant norms and regulations and dispose

of the application as expeditiously as possible, taking into consideration the need of the petitioner and communicate the decision taken, to the petitioner. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1 The District Collector, District Collector Officer, Villupuram District.

2 The Social Welfare Officer, District Social Welfare Office, Villupuram District.

+1cc to Mr.J.Stalin, Advocate Sr.44330 +1cc to the Government Pleader Sr.44584 W.P.No.27214 of 2016 And W.M.P.No.23353 of 2016 ad[co] srg 22/08/2016