Madras High CourtWP/28355/2021disposed of

A.Susaimary v. The Under Secretary To Government Of India

2022-01-05Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 28355 of 2021 and WMP.Nos.29930 & 29934 of 2021 A.Susai Mary .. Petitioner

Versus

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

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

3 The Collector of Chennai, Chennai - 1.

4 The Tahsildar of Madhavaram, Madhavaram, Chennai - 66.

5 The Revenue Divisional officer, Ambattur, Chennai - 40.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to dispose of the representation made on 28.02.2014 and 13.03.2017 by the petitioner.

For Petitioner : Mr. V.Nandagopalan For Respondents : Mr. Rajesh Vivekanand R1 Central Government Standing Counsel Mrs.C.Sangamithirai R2 to R5 Special Government Pleader

O R D E R

Mr.Rajesh Vivekanand, learned Central Government Standing counsel takes notice for the first respondent and Mrs.C.Sangamithirai, learned Special Government Pleader, takes notice for the respondents 2 to 5. By consent of both the parties, this writ petition is taken up for final disposal at

the time of admission itself.

2.The present writ petition has been filed seeking a direction to the respondents to dispose of the petitioner's representation made on 28.02.2014 and 13.03.2017. 3.According to the petitioner, her father was a freedom fighter and he was receiving pension from the Government during his lifetime. After his death, being a unmarried woman and as a legal heir, the petitioner gave a representation to the District collector, Thiruvallur dated 28.02.2014 requesting pension. The representation was considered and recommended by the 4th respondent. The 4th respondent sent a letter to the District Collector, Thiruvallur and thereafter, there is no response from the respondents. Again, the petitioner send a representation to the first respondent dated 13.03.2017. In the meanwhile, after verification, the second respondent, vide its proceedings dated 19.11.2018, recommended the representation to the first respondent. The same was not considered so far, the petitioner has filed the present writ petition before this Court seeking the above said prayer.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice if this Court directs the respondents to implement the order of the second respondent dated 19.11.2019 within the time frame as fixed by this Court.

5. The learned Central Government Standing Counsel submitted that the the order of the second respondent dated 19.11.2019 will be implemented, if there is no legal impediment, within the time frame fixed by this Court on merits.

6. Considering the facts and circumstances of the case, this court, without going into merits of the case, directs the first respondent to implement the order dated 19.11.2018, if there is no legal impediment, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rli

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

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

3 The Collector of Chennai, Chennai - 1.

4 The Tahsildar of Madhavaram, Madhavaram, Chennai - 66.

5 The Revenue Divisional officer, Ambattur, Chennai - 40.

+2ccs to Mr.V.Nandagopalan, Advocate SR.No.608 +1cc to Mr.R.Rajesh Vivekananthan, Advocate SR.No.788 +1cc to Government Pleader SR.No.1111 W.P. No. 28355 of 2021 KSM(CO) GMY(24/01/2022)