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Madras High CourtWP/28396/2021disposed of

L.Motcha Marry v. The Under Secretary To Govt. Of India (Ina),

2022-01-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28396 of 2021 and W.M.P.Nos.29989 & 29990 of 2021 L. Motcha Marry ... Petitioner vs.

1. The Under Secretary to Government of India (INA), Ministry of Home Affairs, Freedom Fighters Divisions, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi-110003.

2. The Government of Tamil Nadu rep by Additional Secretary, Public (Political Pension) Department, Secretariat, St.George Fort, Chennai-9.

3. The Collector of Chennai, Chennai-600 001.

4. The Tahsildar of Perambur, Perumbur-600 011.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to dispose the representation made on 18.09.2021 by the petitioner.

For Petitioner :

Mr. V. Nandagopalan For 1st respondent :

Mr. Rajesh Vivekanandan For respondents 2 to 4 :

Mrs. C. Sangamithirai, Special Government Pleader.

ORDER

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the respondents to dispose the representation made on 18.09.2021 by the petitioner.

2. Mr. Rajesh Vivekanandan , takes notice to the 1st respondent and Mrs.C.Sangamithirai, Special Government Pleader takes notice to respondents 2 to 4.

3. The case of the petitioner is that the petitioner's husband namely A.Lurthu, who was a freedom fighter died on 05.08.2018. After the demise of her husband, the respondents stopped paying the pension from the month of September, 2018. Since, the petitioner is the legal heir of her deceased husband, she is entitled to receive the family dependent pension, however, the petitioner was not provided with the pension. Therefore, the petitioner made a representation to the 1st respondent on 18.09.2021 for availing the Central Government freedom fighter family pension. However, till date, no action has been taken on her representation. Hence, the present Writ Petition is filed seeking the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the Respondents to dispose the petitioner's representation dated 18.09.2021 within the time frame fixed by this Court.

5. Heard the learned counsel on the either side and perused the materials available on record.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs respondents herein to consider the petitioner's representation dated 18.09.2021 and pass appropriate orders on the same in accordance within a period of eight weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs. Consequently, the connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar NHS

To

1. The Under Secretary to Government of India (INA), Ministry of Home Affairs, Freedom Fighters Divisions, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi-110003.

2. The Additional Secretary, Public (Political Pension) Department, Secretariat, St.George Fort, Chennai-9.

3. The Collector of Chennai, Chennai-600 001.

4. The Tahsildar of Perambur, Perumbur-600 011.

+1cc to Mr.V.Nandagopalan, Advocate, S.R.No.415 +1cc to the Government Pleader, S.R.No.682 +1cc to Mr.V.Nandagopalan, Advocate, S.R.No.415 (07/02/2022) W.P.No.28396 of 2021 W.M.P.Nos.29989 & 29990 of 2021 PL(CO) SU(27/01/2022)