T. Jeba v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.14273 of 2020 T.Jeba ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil-1.

2.The Sub Collector / Revenue Divisional Officer, Revenue Divisional Office, Thuckalay, Kanyakumari District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for all the connected and relevant records relating to the proceedings No. 2019/9005/30/398056/1104 dated 04/11/2019 passed by the seconds respondent herein and quash the same and consequently, direct the respondents to issue the certificate for destitute of widows to the petitioner. For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

Heard both sides.

2. The petitioner's husband was employed abroad. He passed away on 13.07.2016. The petitioner applied to the second respondent for issuance of a destitute widow certificate. The petitioner's request was negatived. Challenging the same, the present writ petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for.

4. I am not persuaded by the submission of the learned counsel for the petitioner. This is because, the learned Special Government Pleader has produced the materials before this Court to show that some lands in Adaikakuzhi Village are standing in the name of the petitioner Jeba herself. That apart, it is stated that in Kollemcode A Village, there is a two storied house standing in the name of the petitioner. The petitioner's counsel states that the said property belongs to her father. That may be so, but then, Patta No.406 and Patta No.4801 reflect the name of the petitioner as a joint pattadhar. That apart, the petitioner's two children are studying in a private matriculation school. The petitioner's husband was also employed abroad. 2/4

4. In these circumstances, the second respondent rightly came to the conclusion that the petitioner is not a destitute person. The stand of the second respondent does not require interference.

5. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.01.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Kanyakumari District, Nagercoil-1.

2.The Sub Collector / Revenue Divisional Officer, Revenue Divisional Office, Thuckalay, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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