Madras High CourtWP(MD)/5039/2018disposed of

Shajahan, v. The District Collector

2018-03-20Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.5039 of 2018 Shajahan ... Petitioner -Vs1. The District Collector, O/o.The District Collector,

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office,

3. The Tahsildar, O/o.The Tahsildar, Madurai North Taluk Office,

4. The Inspector of Police, Othakadai Police Station, ... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide relief under the Tamil Nadu Chief Minster's Public Relief Fund to the petitioner by considering petitioner's representation dated 31.01.2018. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed, seeking a direction to the respondents to provide relief under the Tamil Nadu Chief Minster's Public Relief Fund to the petitioner by considering petitioner's representation dated 31.01.2018. 2.According to the petitioner, he is residing in Narayanan Compound, Sathyamoorthy 3rd Cross Street, Meenambalpuram, Madurai,

and the petitioner's second son drowned in a quarry owned by one Saravanan. Thereafter, he lodged a complaint before the 4th respondent police in the year 2013. Based on the same, a criminal case in Crime No.168 of 2013 has been registered for the offences punishable under Section 304 (ii) of IPC against the said Saravanan and others. Thereafter, the petitioner filed an application dated 31.01.2018, seeking relief under the Tamil Nadu Chief Minster's Public Relief Fund through the 4th respondent to other respondents. But so far, no order has been passed. Hence, the present writ petition has been filed.

3.Earlier, this Court ordered notice to the respondents. Today, when the matter is taken up for hearing, the learned Additional Government Pleader for the respondents, on instructions, submitted that the petitioner only sent representation by registered post, and so far, the petitioner did not submit death certificate of the deceased son, and he also not produced legal heir certificate, and residential proof enabling the 4th respondent to recommend the same to the first respondent / District Collector.

4.The learned counsel for the petitioner would contend that the petitioner already appeared before the 4th respondent and submitted all the relevant records as required by the 4th respondent.

5.In such circumstances, the petitioner is directed to appear before the 4th respondent and submit all the relevant records as required by the 4th respondent. On submitting such records, the 4th respondent is directed to consider the same, and send recommendation to the first respondent enabling him to pass suitable orders on merits and in accordance with law. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, O/o.The District Collector,

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office,

3. The Tahsildar, O/o.The Tahsildar, Madurai North Taluk Office,

4. The Inspector of Police, Othakadai Police Station, +1cc to Mr.S.M.A.Jinnah, Advocate SR.No.56457 +1cc to The Spl. Government Pleader Sr.No. 56691 MYR VB/CVC/SAR1/04.04.2018/3P/7C W.P(MD)No.5039 of 2018 20.03.2018