Franklin Silvas Danison v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Franklin Silvas Danison ... Petitioner Vs.

1.The District Supply Officer, Thoothukudi District, Thoothukudi.

2.The Taluk Supply Officer, Eral Taluk, Eral, 3.The Taluk Supply Officer, Sattankulam Taluk, Sattankulam, 4.P.Angeline Mispa Sheela ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to delete the petitioner's name from the ration card presently along with the petitioner's wife and include the petitioner's name in the ration card No.NPHH 333490413188 as earlier based on the petitioner's request dated 15.03.2022.

For Petitioner : Mr.T.A.Ebenezer For Respondents 1 to 3 : Mr.M.Lingadurai Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to delete the name of the petitioner from the ration card along with the petitioner's wife and include the petitioner' s name alone in the ration card No.NPHH 333490413188, based on the petitioner's representation dated 15.03.2022, within a time frame to be fixed by this Court. 2.According to the petitioner, the fourth respondent is his wife and he has already sought for divorce which is pending on the file of the Family Court. According to the petitioner, a ration card stands in the name of his wife and the petitioner's name is included 1/3

in the same. He has given a representation on 15.03.2022 to the official respondents calling upon them to remove his name from his wife's ration card and instead include his name in his parent's ration card. Since the said representation has not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.T.A.Ebenezer, learned Counsel appearing for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 3. 4.No prejudice would be caused to the third respondent if the petitioner's representation as stated supra is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party whom the third respondent deems fit to enquire. 5.

For the foregoing reasons, this Court directs the third respondent to consider and pass final orders in the petitioner's representation dated 15.03.2022 seeking for deletion of his name in his wife's ration card and instead including his name in his parents ration card and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party whom the third respondent deems fit to enquire within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Supply Officer, Thoothukudi District, Thoothukudi.

2.The Taluk Supply Officer, Eral Taluk, Eral, 2/3

3.The Taluk Supply Officer, Sattankulam Taluk, Sattankulam, +1 CC to M/s.SPL.GP ( SR-23210[F] dated 02/05/2022 ) 28.04.2022 SRK(CO) KB(16.05.2022) 3P 5C 3/3