Angel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Angel ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi Division, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant the Chief Minister's Relief Fund immediately to the petitioner within a time fixed by this Court.

For Petitioner : Mr.K.Navaneetharaja For Respondents 1 to 3 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to grant the Chief Minister's Relief Fund immediately to the petitioner based on the petitioner's representation dated 13.12.2021.

2.According to the petitioner, her husband David died in a road accident on 27.05.2021. According to the petitioner, as per G.O. (Ms).No.141 Home (Tr.IV) Department dated 24.02.2014, she is entitled for financial assistance for the death of her husband due to a road accident. The petitioner has given a representation dated 13.12.2021 to the respondents seeking for financial assistance as per G.O.(Ms).No.141 Home (Tr.IV) Department dated 24.02.2014. The said representation has been replied by the first respondent on 20.12.2021, but according to the petitioner, no final orders have been passed. In such circumstances, the petitioner has filed this writ petition.

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3.Heard Mr.K.Navaneetharaja, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has filed G.O.(Ms).No.141 Home (Tr.IV) Department dated 24.02.2014 along with this writ petition to substantiate her claim that she is entitled for financial assistance for the death of her husband due to a road accident. She has also given a representation on 13.12.2021. Though a reply dated 20.12.2021 was received by the petitioner from the first respondent, till date no final orders have been passed.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 13.12.2021 is considered on merits and in accordance with law after affording a fair hearing to the petitioner.

6.Accordingly, this Court directs the first respondent to consider the petitioner's representation dated 13.12.2021 seeking for financial assistance as per G.O.(Ms).No.141 Home (Tr.IV) Department dated 24.02.2014, for the death of her husband due to a road accident and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) MR 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.

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To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi Division, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-11845[F] dated 14/03/2022 ) ORDER MADE IN 11.03.2022 MK/31.03.2022/3P/5C 3/3