Anand v. The District Collector

W.P.(MD)No.13765 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.13765 of 2021 Anand ... Petitioner Vs.

1. The District Collector, Madurai, Madurai District.

2. The Special Deputy Collector, Social Security Scheme, Madurai.

3. The Thasildar, Vadipatti, Madurai District.

4. The Inspector of Police, Kadupatty Police Station, Madurai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to sanction Chief Minister Relief Fund to the petitioner for death of his wife Reka in a fire accident which was happened on 14.06.2016, and she was died on 28.06.2016.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.P.Subbaraj, Counsel for State

O R D E R

The petitioner seeks sanction of funds from the Chief Minister's Relief Fund with regard to the death of his wife in a fire accident on 14.06.2016.

2. The petitioner states that his wife was very severely injured in a fire accident which took place on 14.06.2016 and, as a result thereof, she died on 28.06.2016. In view of the fact that the petitioner is a poor agricultural coolie, he submitted an application claiming money from the Chief Minister's Relief Fund. The petitioner claims that he had enclosed all relevant documents but that the first respondent erroneously concluded that the annual income of the petitioner was Rs.72,000/-, which is above the prescribed ceiling of Rs.48,000/-.

3. Learned counsel for the petitioner relies upon an income certificate dated 15.12.2017 from the Village Administrative Officer and Revenue Inspector. On such basis, he submits that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13765 of 2021 is entitled to relief.

4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He points out that the income certificate dated 15.12.2017 was not signed by the Tahsildar and that this may be the reason for not granting relief to the petitioner. He further states that if a fresh representation is submitted by the petitioner by enclosing all relevant documents, including income certificate, the same would be disposed of on merits.

5. Accordingly, without going into the merits of the matter, the petitioner is granted leave to submit a fresh representation to the first respondent by enclosing all relevant documents and, in particular, a valid income certificate. Such fresh representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the first respondent is directed to consider and dispose of the same by a reasoned order within a period of three weeks from the date of receipt thereof.

6. W.P(MD).No.13765 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:

1. The District Collector, Madurai, Madurai District.

2. The Special Deputy Collector, Social Security Scheme, Madurai.

3. The Thasildar, Vadipatti, Madurai District.

4. The Inspector of Police, Kadupatty Police Station, Madurai District.

+1 CC to M/s.GP ( SR-25796[F] dated 10/08/2021 ) W.P.(MD)No.13765 of 2021 09.08.2021 MGJ(16.08.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2