Madras High CourtWP(MD)/11400/2015disposed of

I.Pushparani v. The District Collector

2016-06-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.11400 OF 2014 I.Pushparani ... Petitioner -Vs1. The District Collector, Kanyakumari District, Nagercoil.

2. The District Supply Officer, Kanyakumari District, Nagercoil.

3. The Taluk Supply Officer, Kalkulam Taluk, Kalkulam, Kanyakumari District.

4. The Taluk Supply Officer, Agasteeswaram Taluk, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to issue ration card in the name of the petitioner and pass further orders as this Court may deem fit and proper. For Petitioner : Mr.R.Murugan For Respondents : Mr.S.Kumar Addl.Govt.Pleader.

ORDER

The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents to issue ration card in the name of the petitioner.

2. The learned Counsel appearing for the petitioner submits that the petitioner has married one Christy Ugin on 12.09.2003, and got two children. He further submits that the second respondent issued a family card containing the name of the petitioner's husband, herself and three children in the year 2005. The further case of the petitioner is that, due to harassment by her husband, she was compelled to live separately with effect from 05.05.2011, https://hcservices.ecourts.gov.in/hcservices/

and that she had also obtained an order for maintenance in M.C.No.25 of 2012, against her husband under Section 125 of the Code of Criminal Procedure.

3. In the above said circumstances, it seems that the petitioner has given a representation on 09.06.2014, before the first respondent to issue family ration card in the name of the petitioner and her children separately after deleting the petitioner's name and her children from the ration card which was issued earlier in the year 2005.

4. Considering the facts and circumstances of the case, this Court is inclined to direct the third respondent to consider the representation of the petitioner dated 30.12.2014, for issuance of family ration card in the name of the petitioner and her children, after deleting their names in the ration card which was issued in the name of her husband in the year 2005 on merits and in accordance with law after giving due opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The District Supply Officer, Kanyakumari District, Nagercoil.

3. The Taluk Supply Officer, Kalkulam Taluk, Kalkulam, Kanyakumari District.

4. The Taluk Supply Officer, Agasteeswaram Taluk, Nagercoil, Kanyakumari District.

+ 1 CC TO MR.R.MURUGAN, ADVOCATE IN SR No. 31563 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 31868 GSR TE/ARK-PV/ : 28/06/2016 : 2P/7C W.P(MD)No.11400 OF 2015 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/