P.Petchiammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15801 of 2018 P.Petchiammal ... Petitioner vs.

1. The District Collector, Madurai District, Collectorate Campus, Madurai.

2. The Tahsildar, North Taluk, Madurai District, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, direction in the nature of writ, directing the respondents to sanction monthly pension under Old Age Pension (OAP) Scheme there by considering the petitioner's representation dated 02.06.2018. For Petitioner :

Mr.V.Sankara Narayanan For Respondents :

Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 02.06.2018, seeking to sanction monthly pension under Old Age Pension (OAP) Scheme, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 02.06.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The District Collector, Madurai District, Collectorate Campus, Madurai.

2. The Tahsildar, North Taluk, Madurai District, Madurai.

+ 1 cc TO The Special Government Pleader in SR No. 74113 pnn AE/SKN RSK/SAR1/27.07.2018/2P/4C W.P.(MD) No.15801 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/