Kamalabhai v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR Kamalabhai ... Petitioner vs.
1.The Government of Tamil Nadu, Rep. by the Chief Secretary, Secretariat, Chennai - 600 009.
2.The Principal Secretary to Government, Energy Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The Revenue Divisional Officer, Padmanabhapuram Revenue Division, Thuckalay, Thuckalay Post, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kuzhithurai Post, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to complete the process relating to the petitioner's application, dated 10.06.2015 for the accidental death relief fund and disburse the amount as early as possible.
For Petitioner : Mr.C.R.Nimal For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.
ORDER
Mr.C.R.Nimal, learned counsel on record for the writ petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of all five respondents are before this Court. 2.With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of. 3.Entire writ petition turns on a very narrow compass. 4.It is the case of the writ petitioner that writ petitioner's son died of electrocution on 13.03.2015 and the writ petitioner is seeking relief from the Chief Minister's Relief Fund. 5.Learned State counsel submits that the request qua writ petitioner's representation dated 10.06.2015 is under process and it is to be forwarded by the third respondent / District Collector to the first respondent / Government for a final decision on the same. 6.It is submitted that the fifth respondent / Tahsildar has also given his report in this matter.
7.It is submitted by the State counsel that an ultimate decision regarding acceding to the prayer of the writ petition, vide aforesaid representation dated 10.06.2015, has to be made by the first respondent by examining the merits of the request. 8.In the light of narrow scope of instant Writ Petition, without expressing any opinion or view on the merits of the matter, first respondent is directed to dispose of writ petitioner's aforesaid representation dated 10.06.2015, (page No.6 of the typedset of papers forming part of the case file) on its own merits and in accordance with law as expeditiously as possible and in any event within a period of twelve weeks from the date of receipt of a copy of this order.
9.Disposal in the aforesaid manner shall be communicated by the office of the first respondent to the writ petitioner under due acknowledgement within fifteen (15) days from the date of disposal. 10.Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (Ad-I) // True Copy // Sub Assistant Registrar(CS )
To 1.The Chief Secretary, Rep. by the Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Principal Secretary to Government, Energy Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector, Kanyakumari District, Kanyakumari.
4.The Revenue Divisional Officer, Padmanabhapuram Revenue Division, Thuckalay, Thuckalay Post, Kanyakumari District.
5.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kuzhithurai Post, Kanyakumari District.
+1 CC to SPL GP SR-85003.
+1 CC to Mr.M.P. HARI PRASAD, Advocate SR-85075. 03.09.2019 CS(13.09.2019) 3P 8C