R.Bala Saravanakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.17047 of 2020 1.R.Bala Saravanakumar 2.Gururaja 3.Seetha Lakshmi 4.Baanu Nachiyar 5.Mohan Kumar 6.R.Sudha Devi 7.Nagendra Senthilkumar 8.Kethari Ponsakthi 9.S.Muthukumar 10.Lakshmanan
...Petitioners
/Vs./ 1.The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Public (Political Pension 2) Department, St.George Fort, Chennai - 09.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
4.The Tahsildar, Ramanathapuram.
.
...Respondents
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PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the Respondent No.4 to complete the enquiry as per the direction of the 3rd respondent in Na.Ka.A9/349/2018 dated 29.01.2018 consequentially place the report to the 2nd respondent for necessary recommendation to the 1st respondent for the grant of political pension to the petitioner as the legal heirs of Muthuramalinga Sethupathy Last King of Ramnathapuram in view of G.O.Ms.No.1349 dated 22.10.1997 and G.O.No.36 dated 08.01.2003 by considering the representation dated 04.04.2019 within the period stipulated by this Court.
For Petitioners : Mr.S.Haja Mohideen For Respondents : Mr.P.Thambidurai Government Advocate
ORDER
This writ petition has been filed for issuance of writ of mandamus, directing the respondents to grant political pension to the petitioners in light of the G.O.Ms.No.1349, dated 22.10.1997 and G.O.Ms.No.36, dated 08.01.2003 after considering the representation made by the petitioners on 04.04.2019.
2. Heard Mr.S.Haja Mohideen, learned counsel for the petitioners and Mr.P.Thambidurai, learned Government Advocate for the respondents. 2/6
3. The case of the petitioners is that they are entitled for political pension as the legal heirs of the Muthuramalinga Sethupathy in view of G.O.Ms.No. 1349, dated 22.10.1997 and G.O.Ms.No.36, dated 08.01.2003. A representation was made in this regard on 04.04.2019.
4. According to the petitioners, an enquiry has to be conducted in this regard by the fourth respondent and a report must be placed before the third respondent and the third respondent, in turn, must place before the second respondent and final orders must be passed by the first respondent. In this process, the third respondent has already directed the fourth respondent to complete the enquiry as per the proceedings dated 29.01.2018. However, there has been absolutely no progress in the enquiry and therefore, the present writ petition has been filed before this Court.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the representation made by the petitioners on 04.04.2019 and pass final orders on its own merits and in accordance with law, in light of the relevant Government Orders within a period of six months from 3/6
the date of receipt of a copy of this order. The petitioners are directed to make a fresh representation to the third and fourth respondents along with all relevant documents and also a copy of this order. Copy of the representation shall also be earmarked to the first and second respondents.
6. This writ petition is disposed with the above directions. No costs. 06.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6
TO:- 1.The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Public (Political Pension 2) Department, St.George Fort, Chennai - 09.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
4.The Tahsildar, Ramanathapuram.
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N.ANAND VENKATESH, J.
sm Order made in W.P.(MD)No.17047 of 2020 Dated:
06.10.2023 6/6