Yasodhai v. State Rep.By Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14049 of 2017 Yasodhai .. Petitioner Vs.
1. State represented by Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.
2. Home Secretary, Government of Tamil Nadu, Secretariat, Chennai.
3. Secretary, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Secretariat, Chennai.
4. District Collector, Collectorate Complex, Dindigul, Dindigul District.
5. District Adi Dravidar and Tribal Welfare Officer, Dindigul, Dindigul District.
.. Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to consider the petitioner's representation dated 29.05.2017 to grant additional relief for the education and maintenance of her child upto graduate level. For Petitioner : Mr.S.E.Monica Vincent For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.
ORDER
This writ petition is filed seeking a writ of Mandamus to direct the fourth respondent to grant additional relief for the education and maintenance of the petitioner's child upto graduate level, based on the petitioner's representation dated 29.05.2017, within the time stipulated by this Court.
2.Mr.A.Muthukaruppan, learned Additional Government Pleader, takes notice for the respondents.
3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. 4.Heard both sides.
5.The petitioner belongs to Scheduled Caste. According to the petitioner, under a false pretext of marrying her, one Kumar had sexual intercourse with her and thereafter, he refused to marry her, for which, a criminal case has also been registered and the same is pending. Due to that she gave birth to a child and now the child is studying L.K.G. Since, she is a coolie and she has no means to meet out the expenses for education of her child, she made a representation dated 29.05.2017, to the fourth respondent, seeking financial assistance for further education of her child and also maintenance, under Rule 12(4) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) (Amendment) Rules. Since the same has not been considered so far, the petitioner is before this Court. 6.
The learned Counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 29.05.2017, is disposed of by the fourth respondent as per law. 7.The learned Additional Government Pleader appearing for the respondents would submit that the representation has been addressed to the respondents individually.
8.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the fourth respondent to consider the representation of the petitioner dated 29.05.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of fourth weeks from the date of receipt of a copy of this order. Though the representation has been addressed to the respondents individually, it shall be treated as representation sent for the relief officially. 9.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar
To
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.
2. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai.
3. The Secretary, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Secretariat, Chennai.
4. The District Collector, Collectorate Complex, Dindigul, Dindigul District.
5. The District Adi Dravidar and Tribal Welfare Officer, Dindigul, Dindigul District.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 69367 + 1 CC TO M/s.S.E.MONICA VINCENT, ADVOCATE IN SR No. 68749 SMN TE/SV-AAM/SAR-II : 02/08/2017 : 3P/8C ORDER MADE IN W.P(MD)No.14049 of 2017 28.07.2017