P.Jayalalitha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25795 of 2021 P. Jayalalitha ... Petitioner Vs.
1.
The District Collector District Collector Office, Salem.
2.
The Revenue Divisional Officer, Attur, Salem District.
3.
The Tashildar, Thalaivasal Taluk, Salem District.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue the destitute widow certificate to the petitioner based on the petitioner's representation dated 06.10.2021.
For Petitioner : Mr.S.Satheeshkumar For Respondents : Mr.P.Gurunathan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd respondent to issue the destitute widow certificate to the petitioner based on the petitioner's representation dated 06.10.2021.
2. The case of the petitioner is that she married one Poongan in the year 2002 and were blessed with two children. The petitioner belong to a poor agricultural and Scheduled Caste family and there is no land or permanent residence for her. At this juncture, the petitioner's husband passed away and due to
the sudden demise of her husband, the petitioner is put to a lot of hardships and and there is no source of income to the petitioner's family. Thereafter, the petitioner obtained the widow certificate and on 15.10.2020, she applied for destitute widow certificate before the RDO, Attur, however, no action has been initiated from their side. Hence, the petitioner made representation before the 2nd respondent on 06.10.2021, but till date no order has been passed. Hence, this Writ petition. 3.The learned counsel appearing for the petitioner submits that, both the petitioner's family as well as her husband's family are poor and they were also not in a position to financially support the petitioner. Hence, he further submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 06.10.2021 and pass appropriate orders as expeditiously as possible.
4. The learned counsel appearing for the respondents submitted that though the petitioner claim that she made a representation to the second respondent, however, there is no acknowledgement annexed in the said certificate.
5. Heard the arguments advanced on either side. 6.In view of the above submissions made by the learned counsel for both side, this Court may issues direction to the petitioner to submit a copy of her representation along with the necessary documents and certificates along with a copy of this order within a period of four weeks from the date of receipt of a copy of this order so as to enable the respondents to pass appropriate orders and if such representation is made, the respondents are directed to consider the same and pass appropriate orders in accordance with law within a period of four weeks thereafter.
7. Accordingly, this Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar skt
To 1.
The District Collector District Collector Office, Salem.
2.
The Revenue Divisional Officer, Attur, Salem District.
3.
The Tashildar, Thalaivasal Taluk, Salem District.
+1cc to Mr.S.Satheeshkumar, Advocate, S.R.No.64193 +1cc to the Government Pleader, S.R.No.64375 W.P.No.25795 of 2021 KSM(CO) CT 07/01/2022