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Madras High CourtWP(MD)/18710/2015disposed of

P.Parvathi, W/O.Late Periya v. The District Collector

2015-10-13Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18710 of 2015 P.Parvathi

...Petitioner

Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Thasildar, (Social Security Scheme), Madurai East Taluk, Madurai District.

4.The Revenue Inspector, Y.Othakadai, Madurai District.

5.The Village Administrative Officer, Y. Othakadai, Madurai District.

..Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 3 to 5 herein to pay widow pension to the petitioner and also the arrears of widow pension stopped before 1 1⁄2 years to the petitioner within the time stipulated by this Court.

For petitioner : Mr.M.Muthugeethayan For Respondents : Mr.M.Murugan, Government Advocate, takes notice

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents 3 to 5 herein to pay widow pension to the petitioner and also the arrears of widow pension stopped before 11⁄2 years to the petitioner, within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

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

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4. In the affidavit it has been averred that the husband of the petitioner by name Periyakaruppan died on 30.04.2005 leaving the petitioner and his four children as his legal heirs. The first daughter got married and she is living with her husband along with her two children. The petitioner is the only breadwinner of the family and by working as a maid servant, she is maintaining her three children. Hence, she approached the respondents 3 to 5 to grant widow pension as per the Social Security Scheme and the respondents by order, dated 27.06.2007 granted Rs.400/- as widow pension to the petitioner and she has been receiving the said pension regularly. But, the respondents 3 to 5 without any notice to the petitioner had stopped the pension 1 1⁄2 years back. Hence, the petitioner has made a petition before the third respondent on the grievance day meeting on 25.05.2015 and thereafter on 31.08.2015 for grant of widow pension. But, the request of the petitioner was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the third respondent to consider the petition given by the petitioner, dated 31.08.2015 and pass appropriate orders, with regard to granting of widow pension to the petitioner, on merits and in accordance with law, by affording an opportunity of hearing to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The District Revenue Officer, Madurai District, Madurai. 3.The Thasildar, (Social Security Scheme), Madurai East Taluk, Madurai District.

4.The Revenue Inspector, Y.Othakadai, Madurai District. 5.The Village Administrative Officer, Y. Othakadai, Madurai District.

+1cc to M/s.M.Muthu Geethayan, Advocate in SR.No.61068 +1CC to the Special Government Pleader, in SR.No.60830 W.P(MD).No.18710 of 2015 13.10.2015 pm PBK/NGM-SS/SAR-II 29/10/2015 ::2P-8C::

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