A.Devaraj, S/O.Aadhimoolam, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 44022 of 2016 A.Devaraj .. Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar (Social Welfare) Thindivanam, Villupuram District, .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant relief based on the petitioner's application, dated 24.12.2012, for the death of his daughter Sangavi.

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

Mr.R.S.Selvam, learned Government Advocate, accepts notice on behalf of the respondents. With consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has come up with the present writ petition, praying to grant the relief, based on the application of the petitioner dated 24.12.2012, for the death of his daughter Sangavi.

3. The case of the petitioner, as stated in the affidavit, filed in support of this Writ Petition is that, the petitioner is an agricultural coolie. As ill-luck would have it, his daughter, named Sangavi died due to snakebite. The

petitioner states that, as per the scheme formulated by the Government, under the Tamil Nadu Agricultural Labourers-Farmers (Social Security and Welfare) Act, 2006, the petitioner is entitled to claim accidental relief for the death of his daughter. Hence, the petitioner submitted an application, dated 24.12.2012, enclosing all required particulars, viz., FIR, Postmortem Report, Family Card, and Identity Card, issued under the 'Uzhavar Pathukappu Thittam. Since the said Application evoked no response, the petitioner is before this Court with this Writ Petition, seeking for the aforementioned relief.

4. The learned counsel appearing on behalf of the petitioner would submit that it would suffice, if the respondents are directed to dispose of his application, dated 24.12.2012, within a specified period.

5. Learned Government Advocate submitted that if the petitioner is eligible under the scheme, his representation would be considered in his favour.

6. By considering the facts and circumstances of the case, without expressing any opinion on the facts of the case, this Court directs the second respondent to consider the application of the petitioner dated 24.12.2012, on merits and dispose of the same, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also directed to furnish a copy of the representation afresh, along with the copy of this order to the respondents.

7. The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar .avr

To

1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar (Social Welfare) Thindivanam, Villupuram District.

+ 1 cc to Mr.S.V. Karthikeyan, Advocate SR.74878 + 1 cc to Government Pleader Sr.76263 W.P. No. 44022 of 2016 KGK(CO) EU 09.1.17