Muthumurugesan v. The Government Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Muthumurugesan ... Appellant -vs1. The Government of Tamil Nadu, Represented by its Principal Secretary, Social Welfare Department, Fort St.George Secretariat, Chennai - 600 009.

2. The District Collector, Trichy District, Trichy.

3. The Block Development Officer, Thiruverumbur Panchayat Union, Thiruverumbur, Trichy District.

... Respondents/Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 10.04.2023, passed in W.P.(MD) No.5656 of 2016, on the file of this Court.

For Appellant :

Mr.M.Saravanan For Respondents :

Mr.A.Baskaran Additional Government Pleader

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.A.Baskaran, learned Additional Government Pleader takes notice for the respondents.

2. The Writ Court has denied the benefits of the "Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme" to the petitioner on the ground that the petitioner has not applied on time. The Writ Court has gone by the entries made by the authorities in the register that is maintained by them. It is acknowledged that no acknowledgements are issued for receipt of applications under the scheme. Merely because the register has not reflected the receipt of the application, we cannot conclude that the petitioner has not applied. The application form produced by the petitioner is dated 11.11.2013 and the Village Administrative Officer has signed the same. Of course, he had not put the date while signing it. However, the version thatthe application has been

filed on 11.11.2013 is supported by the certificate of the Village Administrative Officer, which is found in page No.26 of the paper book, wherein it is specifically dated as 11.11.2013. This probabilises the case of the petitioner to the effect that the application was, in fact, submitted on 11.11.2013.

3. In view of the above, we are unable to sustain the order of the Writ Court. The order of the Writ Court is, therefore, set aside. The writ appeal stands allowed and there will be a direction to the respondents 1 and 2 to disburse the benefits that the petitioner would be entitled to, under the scheme. No costs. [R.S.M., J.] [L.V.G., J.] 15.06.2023 NCC : No Index : No Internet : Yes PKN

To:

1. The Principal Secretary, Government of Tamilnadu, Social Welfare Department, Fort St.George Secretariat, Chennai - 600 009.

2. The District Collector, Trichy District, Trichy.

3. The Block Development Officer, Thiruverumbur Panchayat Union, Thiruverumbur, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 15.06.2023