Muthukani.A v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.Muthukani ... Petitioner versus 1.The Commissioner, Social Welfare Department, Chepauk, Chennai-5.

2.The District Collector, Madurai District, Madurai.

3.The Special Deputy Collector (Gen), Social Welfare Scheme Department, Collectorate, Madurai, Madurai District.

4.The Commissioner, Madurai Corporation, Madurai City.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to grant the marriage finance assistance with fold to the petitioner's daughter's marriage under the Moovalur Ramamirtham Ammaiyar Ninaivu Marriage Financial Assistance Scheme based on his application dated 12.09.2016.

For Petitioner : Mr.N.Ramu For Respondents : Mr.R.Baskaran Counsel for the State for R1 to R3 : Mr.P.Athimoolapandian for R4

ORDER

The petitioner seeks a direction for the grant of financial assistance in relation to her daughter's marriage. Such relief is claimed in terms of the Moovalur Ramamirtham Ammaiyar Ninaivu Marriage Financial Assistance Scheme.

2.The petitioner states that she arranged for the marriage of her elder daughter on 15.09.2016 at Virudhunagar. Since she is employed as a maid, she was constrained to avail of loans for such purpose. According to the petitioner, she is entitled to a sum of Rs.50,000/- and four grams gold in terms of the above mentioned Government Scheme. Accordingly, she applied for such financial assistance on 12.09.2016, but such application has not been acted upon.

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3.Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of the first and third respondents and Mr.Athimoolapandian, learned counsel, accepts notice on behalf of the fourth respondent.

4. The State has to examine whether the petitioner qualifies for financial assistance in terms of the above mentioned scheme and, therefore, a positive direction, as requested for by the petitioner cannot be granted. Nevertheless, the third respondent should consider and dispose of the petitioner's application within a reasonable time frame.

5. Accordingly, without going into the merits of the petitioner's representation, the third respondent herein is directed to consider the application dated 12.09.2016 and dispose of the same by a reasoned order within a period of two months from the date of receipt of a copy of this order. The petitioner is permitted to submit such representation, the documents in support thereof and a copy of this order to the third respondent.

6. W.P.(MD).No.13885 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Social Welfare Department, Chepauk, Chennai-5.

2.The District Collector, Madurai District, Madurai.

3.The Special Deputy Collector (Gen), Social Welfare Scheme Department, Collectorate, Madurai, Madurai District.

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4.The Commissioner, Madurai Corporation, Madurai City.

+1 CC to M/s.GP ( SR-26053[F] dated 12/08/2021 ) 10.08.2021 CN(17.08.2021) 3P 6C 3/3