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Madras High CourtWP/19026/2010disposed of

K.Maruthachalam v. State Of Tamilnadu

2016-10-21Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2016

CORAM

THE HON'BLE MR. JUSTICE R.SURESH KUMAR W.P.No.19026 of 2010 K.Maruthachalam

...Petitioner

Vs.

State of Tamil Nadu Rep. by Principal Secretary to Government, Youth Welfare & Sports Development Department, Fort St.George, Chennai 600 009.

... Respondent Prayer:- Petition filed under Article 226 of the Constitution of India pleased to issue a writ of mandamus or order or direction in the nature of a writ directing the respondent to grant subsidy of Rs.5 lakhs directly to the petitioner as per the reference made in letter no.68/E.Na/2010-1 dated 24.03.2010 on the file of the respondent.

For Petitioner : Mr.M.P.Rajavelayutham For Respondent : Mr.P.Sanjay Gandhi Addl.Government Pleader

O R D E R

The prayer in the writ petition is for writ of mandamus directing the respondent to grant subsidy of Rs.5 lakhs directly to the petitioner as per the reference made in letter no.68/E.Na/2010-1 dated 24.03.2010 on the file of the respondent.

2. The case of the petitioner is that, he is one among the national youth Awardees for the year 2004-2005 for social activities of youth. According to the petitioner he would be entitled to get the grant of subsidy of Rs.5 lakhs from the respondent for his continuous social activities for which he has already approached the respondent.

3. The respondent in his letter dated 24.03.2010 addressed to similarly placed persons has said that their petitions for grant of subsidy were under consideration. Even no such grant has been given. The petitioner's request for grant of such

subsidy has not been considered positively by the respondent or not has been informed to the petitioner.

4. Heard both sides.

5. The learned Government pleader appearing for the respondent would submit that this is a general scheme under which the eligible persons who are Youth National Welfare Awardees can be considered for granting of such subsidy by the Government and each of the case will be dealt on their own merits and the grant of subsidy cannot be claimed as a matter of right by any one including the petitioner. At any rate if the petitioner is the right person to receive such subsidy from the Government definitely his requirement would be considered and a decision would be taken by the respondent. Therefore, the learned Additional Government Pleader would further submit that a copy of his representation submitted on 08.02.2010 may be addressed to the respondent and on receipt of the same, the same shall be considered in accordance with law.

6. In view of the above, the petitioner is permitted to send a copy of his representation dated 08.02.2010, to the first respondent within two weeks from the date of receipt of copy of this order and on receipt of the petitioner's representation, the first respondent shall consider the same as per the scheme which are in vogue for grant of subsidy for youth for their social activities and welfare and pass resoned orders on merits and in accordance with law, within a period of eight weeks thereafter. Writ petition is disposed of.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar dpq

To 1.The Secretary to Government State of Tamil Nadu Youth Welfare & Sports Development Department, Fort St.George, Chennai 600 009.

+1 cc to M/s.S.Doraisamy Advocate sr 59996 +1 cc to Government Pleader sr 60567 W.P.No.19026 of 2010 cp(co) aa23/11/2016