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Madras High CourtWP(MD)/14476/2016disposed of

Janakiselvi v. District Collector

2016-08-10Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14476 of 2016 Janakiselvi ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District.

3.The Tahsildar, Madurai South, Madurai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to provide Chief Minister's Relief Amount to the Petitioner within the time stipulated by this Court. For Petitioner :M/s.R.Venkatesan For Respondents :Mr.J.Gunaseelan Muthiah Govt.Advocate.

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, her husband died on 23.9.2012, in a fire accident that took place in her house and in fact, her husband, during his life-time, was driving a tri-cycle on 23.09.2012 and an FIR was registered by the South Gate Police Station under Section 174 of Cr.P.C in Crime No.822 of 2012. Her husband has left behind herself and her son Suriyaprabhu, as his legal heirs and now she is the only bread-winner of her family. She is reportedly working as daily coolie and earning a meagre amount.

5.The specific case of the Petitioner is that she is eligible for the Chief Minister's Relief Amount and in this regard, she had submitted a detailed representation before the First Respondent/The District Collector, Madurai District, Madurai on 23.09.2012, seeking allotment of the relief amount from the Chief Minister's Relief Amount. It was forwarded to the Third

Respondent/The Tahsildar, Madurai South, Madurai. However, no action was taken by the Respondents and their subordinates. 6.Apart from the above, on 26.3.2016, the Petitioner submitted another representation before the First Respondent/The District Collector, Madurai District, Madurai to provide Chief Minister's Relief Amount and to provide any job in their office and the same was forwarded to the Third Respondent/The Tahsildar, Madurai South, Madurai.

7.At this stage, the Learned Counsel for the Petitioner submits that the in-action on the part of the First Respondent and Third Respondent in the subject-matter in issue are not valid and per se arbitrary one. Since she is struggling for her family survival, she has filed the present Writ Petition before this Court, for the relief stated supra.

8.A perusal of the Urgent Memo, dated 4.7.2013 in Reference in Na.Ka.No.7970/2013/B2, issued by the Third Respondent addressed to the Petitioner indicates that the Third Respondent had requested the Madurai West Revenue Inspector to enquire into the matter in respect of granting the relief to the Petitioner in connection with the death of her husband in a fire accident on 23.09.2012. Till date, the Petitioner has not met with any positive response from the concerned Respondents in the subjectmatter in issue. 9.Considering the fact that the Petitioner had addressed a representation, dated 26.3.2016 addressed to the First Respondent claiming the relief in respect of fire accident that took place on 23.09.

2012, where her husband had died, this Court, in the interest of justice and fair play, directs the First Respondent/The District Collector, Madurai District, Madurai to look into the representation of the Petitioner, dated 26.3.2016 within a period of one week from the date of receipt of a copy of this order and thereafter to dispose of the same on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter. It is open to the Petitioner to submit a copy of the representation, dated 26.3.2016 to the First Respondent within three days from the date of receipt of a copy of this order.

In case, if the First Respondent is in need of documents related to the subject-matter in issue, then it is incumbent upon to the Petitioner to produce copies of all necessary/relevant documents before the First Respondent and the First Respondent shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 26.3.2016. The Petitioner is directed to lend her assistance and co-operation to the First Respondent, in disposing of her representation dated 26.3.2016 within the time adumbrated by this Court.

10.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The District Collector, Madurai District, Madurai. 2.The District Revenue Officer, Madurai District. 3.The Tahsildar, Madurai South, Madurai.

+1cc to M/s.R.Venkatesan, Advocate in SR.43232 +1cc to the Special Government Pleader, in SR.43655 W.P(MD)No.14476 of 2016 10.08.2016 vsn PBK/GSV-PM/SAR-III 17/08/2016 ::3P-6C::