M.Vanitha, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6754 of 2019 M.Vanitha ... Petitioner Vs 1.The District Collector, Collectorate Building, Madurai-625 020.

2.The Revenue Divisional Officer, Collectorate Building, Madurai-625 020.

... Respondents PRAYER: Writ Petition is filed, under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the second respondent to give solatium based on the recommendation letter issued by the first respondent in Na.Ka.No.32004/2017/M1, dated 08.02.2018.

For Petitioner : Mr.V.Muthusamundeeswaran For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's husband Murugan died in an accident on 08.01.2017. The writ petitioner is therefore eligible for solatium granted in such cases. The writ petitioner's case has already been recommended by the Special Deputy Collector, Social Service Schem, Madurai District. A copy of the said recommendation letter dated 08.02.2018 is also enclosed in the typed set of papers. Now, the Revenue Divisional Officer, Madurai has to take a decision in the matter and dispose of the amount due to the writ petitioner. Of course, in such matters, availability of fund and seniority will have to be borne in mind. But then, the eligibility of the writ petitioner cannot be disputed. Therefore, the second respondent is directed to disburse the solatium to the writ petitioner when her turn comes.

3.This writ petition is allowed. No costs.

Sd/- Assistant Registrar (A.E) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS )

To 1.The District Collector, Collectorate Building, Madurai-625 020.

2.The Revenue Divisional Officer, Collectorate Building, Madurai-625 020.

+1 CC to SPL GP ( SR-64718[F] dated 30/04/2019 ) W.P(MD)No.6754 of 2019 29.04.2019 CS (29/05/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/