Madras High CourtWP(MD)/2999/2022disposed of

Nathar Geovudeen .N v. The Ministry Of Health Minister

2022-02-16Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Nathar Geovudeen ... Petitioner /Vs./ 1.The Ministry of Health Minister, The Ministry of Health and Family Welfare, Government of India, New Delhi.

2.The Hon'ble Chief Minister of Tamil Nadu, State Government of Tamil Nadu, Secretariat, Chennai - 600009.

3.The Principal Secretary Government, State Government of Tamil Nadu, Secretariat, Chennai - 600009.

4.The Hon'ble Health Minister, State Government of Tamil Nadu, Secretariat, Chennai - 600009.

5.The Secretary Government, Medical Education and Health Department, Secretariat, Chennai - 600009.

6.The District Collector, Ramanathapuarm, Ramanathapuram District.

7.The Deputy Director of Health Service, Ramanathapuram.

8.Aasi Multi Speciality Hospital, B-Block Opp to RTO Office, Rameswaram Road, Ramanathapuram - 623503 ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to pay Corona Relief Fund to the petitioner's sons, namely, Mohamed 1/3

Arshath, (aged about 8 years) and Mohamed Fasiq (aged about 2 1⁄2 years) on the basis of the the petitioner's representation on 25.01.2022.

For Petitioner : Ms.S.Prabha For R1 to R7 : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for Mandamus, seeking for a direction to the respondents to pay Corona Relief Fund to the petitioner's sons, namely, Mohamed Arshath, (aged about 8 years) and Mohamed Fasiq (aged about 2 1⁄2 years), based on the petitioner's representation dated 25.01.2022, within a timeframe to be fixed by this Court.

2.According to the petitioner, his wife, Yasmin Sameera died on 22.05.2021, after being infected with coronavirus and they have two minor children, by name, Mohamed Arshath, (aged about 8 years) and Mohamed Fasiq (aged about 2 1⁄2 years). According to the petitioner, as per the Government Scheme, the minor children are entitled for Corona Relief Fund. The petitioner has given an application to the respondents. The District Child Welfare Officer has also sent a reply dated 08.10.2021 to the petitioner stating that the petitioner's application will be considered. The petitioner has given a reminder letter to the respondents on 25.01.2022. Since no final orders had been passed, the petitioner has filed this writ petition.

3.Heard Ms.S.Prabha, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice for all the respondents 1 to 7. 4.No prejudice would be caused to the respondents, if the petitioner's application dated 25.01.2022 seeking for Corona Relief Fund for his minor children, is considered on merits and in accordance with law. The petitioner claims that as per the Government Scheme, the minor children of the petitioner are entitled for Corona Relief Fund, on account of death of their mother, due to Coronavirus and in the said circumstances, the petitioner has also given a representation on 25.01.2022, which admittedly has not been considered till date.

5.Accordingly, this Court directs the sixth respondent to consider the petitioner's representation dated 25.01.2022 seeking for Corona Relief Fund for his two minor sons, by name, Mohamed Arshath, (aged about 8 years) and Mohamed Fasiq (aged about 2 1⁄2 years), on account of death of their mother due to coronavirus and pass final orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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6.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Sm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Ministry of Health Minister, The Ministry of Health and Family Welfare, Government of India, New Delhi.