S.Manimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR S.Manimuthu ... Petitioner -Vs1.The District Collector, Ramanathapuram District, Ramanathapuram 2.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to disburse Old Age pension to the petitioner from the period October 2018 under the Old Age Pension Scheme introduced by the Government of Tamil Nadu based on his representation dated 21.06.2019 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.B.Bhagawathy, Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to disburse Old Age pension to the petitioner from October 2018 under the Old Age Pension Scheme introduced by the Government of Tamil Nadu based on his representation dated 21.06.2019 within the time limit that may be stipulated by this Court.

2.Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.

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3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner is an aged person and he claimed that he was getting old age pension for senior citizen. However, that was stopped from October 2018. Therefore, in this regard, the petitioner had given various representations viz., on 10.12.2018, 07.01.2019, 08.02.2019 and lastly on 21.06.2019. In the meanwhile, based on the representation given by the earlier representation, on 20.02.2019, the 1st respondent District Collector has directed the 2nd respondent to take action on the said representation and send a report that effect. Despite the said directive issued by the 1st respondent, the 2nd respondent has not so far acted upon. Therefore, the petitioner is before this Court.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said request of the petitioner as directed by the 1st respondent would be decided by the 2nd respondent within a time frame and final order would be passed thereon.

6.Considering the said factual matrix of the case and taking into account the submissions made by both sides, this Court is inclined to dispose of this writ petition with the following direction:

"The 2nd respondent is hereby directed to consider the representation of the petitioner dated 08.02.2019 and the reminder representation dated 21.06.2019 and on the basis of the directive issued by the 1st respondent in O.Mu.R.1/5584/2019 dated 20.02.2019, pass orders thereon for sanctioning the old age pension to the petitioner, which was allegedly stopped from October 2018 and such final order shall be passed by the 2nd respondent, within a period of four weeks from the date of receipt of a copy of this order."

7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The District Collector, Ramanathapuram District, Ramanathapuram 2.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

+1 CC to M/s.Special Govt.Pleader ( SR-79948[F] dated 06/08/2019 ) +1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-80025[F] 06/08/2019 ) Order made in 05.08.2019 Arul SDS (19.12.2019) 3P 5C 3/3