Madras High CourtWP(MD)/12211/2017disposed of

K.Vijayalakshmi, v. The District Collector

2017-06-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.12211 of 2017 K.Vijayalakshmi ... Petitioner -vs1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Uthamapalayam, Theni District.

3.The Tahsildar, Taluk Office, Uthamapalayam Taluk, Theni District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to award solatium due to the death of the petitioner's husband in natural calamity by considering the petitioner's representation dated 26.05.2017. For Petitioner : Mr.R.Manoharan For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents to award solatium due to the death of the petitioner's husband in natural calamity by considering her representation dated 26.05.2017.

2.The case of the petitioner is that in a heavy rain and lightning on 16.04.2017, the petitioner's husband died. Immediately, he was admitted in Chinnamanoor Government Hospital, Theni, for treatment, where the Doctors declared him brought dead. A case in Crime No.100 of 2017 was registered in Odaipatti Police Station with regard to the death of the petitioner's husband. https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner would state that the deceased was the only bread winner of the family and after his demise, the entire family is struggling to meet both ends. Hence, the petitioner sent a representation dated 26.05.2017 seeking solatium. Since no action was taken, the present Writ Petition has been filed by the petitioner.

4.Heard Mr.R.Manoharan, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader, who takes notice for the respondents. 5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the first respondent has already received the representation of the petitioner and it is under consideration.

6.Considering the prayer sought for in the Writ Petition and also the submissions of the learned Additional Government Pleader, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner, dated 26.05.2017, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Records) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Uthamapalayam, Theni District.

3.The Tahsildar, Taluk Office, Uthamapalayam Taluk, Theni District.

+1cc to M/S.R.MANOKARAN, Advocate SR.No.63059 +1cc to Special Government Pleader, SR.No. 63078 PS MAS/MR-KKR/SAR1:07.07.2017:2P-6C W.P(MD)No.12211 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/