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Madras High CourtWP(MD)/14094/2015disposed of

Malarvizhi v. The District Collector

2015-08-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.14094 of 2015 Malarvizhi ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Supply Officer, Sivagangai District, District Collector Complex, Sivagangai.

3.The Taluk Supply Officer, Tiruppathur, Sivagangai District. ...

Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to give suitable direction to the respondents 2 and 3 to issue family card to the petitioner by considering her representation, dated 16.03.2015 within a period stipulated by this Court.

For petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to give suitable direction to the respondents 2 and 3 to issue family card to the petitioner by considering her representation, dated 16.03.2015 within a stipulated time.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. In the affidavit filed in support of this Writ Petition, it has been averred that the petitioner is a widow. Her husband was working as a Teacher. The petitioner's husband deserted her in the https://hcservices.ecourts.gov.in/hcservices/

year 1996. Thereafter, she was under the care and custody of her parents. The father of the petitioner died in the year 2009. The petitioner's mother died in the year 2012. A litigation was pending between the petitioner and her husband in C.M.S.A.14 of 2004. The petitioner's husband died on 10.01.2010. He had no issues. The petitioner's name was not included in the family card of her parents (family card No.25/G/0169836). The petitioner's name was also deleted in the family card of her husband. In such circumstances, in C.M.S.A.No.14 of 2004, status of the petitioner as the wife of Late.Poovalingam, was upheld. The Revenue Authorities have also issued legal heir certificate of her husband in Certificate No.12805/2013, dated 29.12.2014. The petitioner is also receiving family pension. Now the petitioner has made a representation, dated 16.03.2015 before the respondents to issue family card to the petitioner. But, the representation of the petitioner was not considered so far. Hence, the petitioner has come forward with this Writ Petition for the above stated relief.

5. Considering the limited scope of the prayer made in this Writ Petition, the second respondent is directed to consider the representation of the petitioner, dated 16.03.2015 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar pm To 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Supply Officer, Sivagangai District, District Collector Complex, Sivagangai.

3.The Taluk Supply Officer, Tiruppathur, Sivagangai District. +one cc to M/s.A.Hajamohideen, Advocate in SR.No.45112 +one cc to The Special Government Pleader, SR.No. 45030 W.P(MD).No.14094 of 2015 07.08.2015 csl/SK/SAR-II/21.08.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/