The Director v. M. Ram Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BHARATHA CHAKRAVARTHY The Director Dr.Ambedkar Foundation Ministry of Social Justice and Empowerment Government of India, Wing No.7 West Block-I Ground Floor R.K.Puram New Delhi - 110 066.

.. Appellant Vs 1 M.RAM KUMAR 2 The District Collector District Collectorate Thiruvallur District - 602 001.

.. Respondents Prayer : Appeal under Clause 15 of the Letters Patent to set aside the order dated 27.4.2023 passed in W.P.No.13326 of 2023 by the learned Single Judge.

For the Appellant : Mr.R.Rajesh Vivekananthan Deputy Solicitor General For the Respondents : Mr.P.Harish Government Advocate for 2nd respondent

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General for the appellant; and Mr.P.Harish, learned Government Advocate for the second respondent.

2. The present first respondent filed writ petition seeking directions to disburse the incentive payable to the first respondent/original writ petitioner as per Dr.Ambedkar Scheme for Social Integration on account of contracting intercaste marriage. The learned Single Judge allowed the writ petition. Aggrieved thereby, the present appeal.

3. Learned counsel for the appellant submits that the application has to be filed with the present appellant within one

year from the date of marriage. The marriage of the present first respondent took place on 17.5.2021 and the said application was forwarded to the present appellant only in the month of October, 2022 after lapse of one year. As such, the appellant would not be liable to pay the amount.

4. The learned Single Judge has observed that application was made by the first respondent/original writ petitioner within one year from the date of marriage. The application was made for the benefit of the said incentive on 8.3.2022 with the District Collector and it was the District Collector who forwarded it to the present appellant in the month of October, 2022.

5. As per the scheme, the recommendation of the District Collector is necessary. The scheme is a beneficial scheme, i.e., for social integration through intercaste marriage. The appellant ought not to have filed the present appeal. In fact, the application was filed well within one year before the recommendatory authority. It is not the case where no application was made within one year.

In the light of the above, the writ appeal is dismissed. There shall be no order as to costs. Consequently, C.M.P.No.3955 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 21.02.2024 Index :

Yes/No Yes/No sasi To The District Collector District Collectorate Thiruvallur District - 602 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 21.02.2024