Madras High CourtWP(MD)/18134/2015disposed of

K. Latha v. The District Collector,

2015-10-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18134 of 2015 K.Latha ...Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.The Thasildar, Thiruvadanai Taluk, Ramanathapuram District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first respondent to consider the petitioner's representation, dated 14.09.2015 pertaining to restoring the petitioner in the house provided to her under the Tamil Nadu Government Tsunami Relief Scheme. For petitioner : Mr.K.R.Laxman For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to consider the petitioner's representation, dated 14.09.2015 to restore the house provided to her under the Tamil Nadu Government Tsunami Relief Scheme.

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

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

4. In the affidavit it has been averred that the petitioner is a victim when the Tsunami occurred in the year 2004 and she was rescued and relief was also extended to her under the Tsunami Relief Fund by the State of Tamil Nadu. The petitioner is a widow and she has no support from her matrimonial home due to misunderstanding between them. By taking advantage of her loneliness, one Hariharan, with an malafide intention and ulterior motive, created a bogus document and took possession of the petitioner's house provided to her by the Government under the Tsunami Scheme. In this regard, the petitioner has given a representation to the respondents on 14.09.2015. But the same was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for https://hcservices.ecourts.gov.in/hcservices/

the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, this Court is constrained to pass the following order: Without going into the merits of the averments made in the Writ Petition, the first respondent is directed to consider the representation of the petitioner, dated 14.09.2015 and pass appropriate orders on merits and in accordance with law, by affording an opportunity of hearing to the petitioner and the said Hariharan, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the first respondent to consider the same purely on merits.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar pm To 1.The District Collector, Ramanathapuram District.

2.The Thasildar, Thiruvadanai Taluk, Ramanathapuram District.

+1CC to Mr.K.K.Laxman Advocate Sr.No.59166 +1CC to Spl.Government Pleader Sr.No.59414 GJM/GSV/PM/16.10.15-2P-5C W.P(MD).No.18134 of 2015 07.10.2015 https://hcservices.ecourts.gov.in/hcservices/