R.Lakkammal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7735 of 2019 R.Lakkammal ... Petitioner Vs 1.The District Collector, Collectorate Office, Dindigul.

2.The Tahsildar, (Social Security Scheme) Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the destitute widow pension along with arrears which was sanctioned by the second respondent by his proceedings in NI.MU.5944/99/43 dated 30.06.1999 within a time frame as stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was granted old age pension by order dated 30.06.1999 by the second respondent. The petitioner was receiving the same till the year 2015. It was stopped all of a sudden. Seeking continuance of the said payment, this writ petition has been filed.

3. When the matter was taken up for hearing, the learned Additional Government Pleader drew my attention to the fact that even as per the order dated 30.06.1999, the petitioner was eligible to receive pension only till her son attains majority. He pointed out that the petitioner's son is now aged about 45 years and that therefore, the writ petitioner is not eligible to receive any pension.

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4. I am unable to appreciate this stand of the respondents. Even in the year 1999, the petitioner's son was aged about 25

years. Therefore, the second respondent was conscious of the fact that since the petitioner was not receiving any support from her son, she had to be granted old age pension. Hence, this ground is not available to the respondents.

5. It is further seen that the petitioner is not having any property in her name. She is aged about 70 years. The purpose of granting such old age pension to the destitute senior citizen is to give them a sense of dignity.

6. Therefore, I direct the respondents to continue to disburse the destitute widow pension to the writ petitioner. Of course, the question of paying arrears will not arise. The respondents shall pay destitute widow pension to the petitioner from this month onwards.

7. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Collectorate Office, Dindigul.

2.The Tahsildar, (Social Security Scheme) Nilakottai Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-58585[F] dated 03/04/2019 ) +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-58724[F] dated 03/04/2019 ) rmk W.P.(MD)No.7735 of 2019 02.04.2019 KM/(25.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/