P.Pandiyan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15860 of 2018 P.Pandiyan ... Petitioner vs.

1.The District Collector, Office of District Collectorate, Theni District.

2.The Special Tahsildar, Social Security Scheme, Taluk Office, Andipatty, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to pay the monthly Old Age Pension to the petitioner under Indira Gandhi National Old Age Pension Scheme (IGNOAS) till the life time of the petitioner by considering the petitioner's application dated 02.04.2018 within a time frame fixed by this Court. For Petitioner :

Mr.J.Senthil Kumaraiah 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 application dated 02.04.2018, seeking to pay the monthly Old Age Pension to the petitioner under Indira Gandhi National Old Age Pension Scheme (IGNOAS), has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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 https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to consider the petitioner's representation dated 02.04.2018 on its own merits and take further action in accordance with law, within a period of eight 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 (Crl Side) /True copy/ Sub Assistant Registrar (CS-III) To:

1.The District Collector, Office of District Collectorate, Theni District.

2.The Special Tahsildar, Social Security Scheme, Taluk Office, Andipatty, Theni District.

+1cc to Mr.J.SENTHIL KUMARAIAH, Advocate, SR.No.74207 +1cc to M/s.Special Government Pleader,SR.No.74367 W.P.(MD) No.15860 of 2018 20.07.2018 PNN KK/SKN/SAR-3/07.08.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/