Madras High CourtWP(MD)/17441/2021disposed of

Kavitha.S v. The Circle Distribution Officer

2021-09-28Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.17441 of 2021 and W.M.P(MD).No.14316 of 2021 1.S.Kavitha 2.Minor S.Sruti Sathyamurthy [Represented by her mother and Natural Guardian S.Kavitha] ... Petitioners Vs.

1.The Circle Distribution Officer/ Protection Officer District Supply and Consumer Protection Office, Oddanchatram, Dindigul District.

2.The Special Revenue Inspector, Oddanchatram, Dindigul District.

3.The TamilNadu Civil Supplies Corporation Having its regional Office at Near Collector Office, District Sports Ground Back Side, Dindigul.

4.K.Sathyamurthy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the proceedings of the first respondent under Na.Ka.5432/2020/K1 and dated 18.12.2020 as erroneous, arbitrary and consequently direct the third respondent to issue the revised ration card under No.333446743634 to the petitioners including their name.

For Petitioners : Mr.AR.M.Arunchalam For R1 to R3 : Mr.P.Subbaraj Counsel for State

ORDER

The petitioners challenge an order dated 18.12.2020 of the first respondent by which the request of the first petitioner to 1/3

include her name in the family card of her husband was rejected. 2.The petitioners state that the first petitioner married the fourth respondent on 15.11.2002 and the second petitioner is their daughter. On account of matrimonial disputes, the first petitioner was constrained to reside with her parents at Udumalpet, Tiruppur District from the year 2013 onwards. Prior thereto, the family ration card under No.333446743634 was issued in the names of the fourth respondent's father, his mother, the fourth respondent and the two petitioners. The petitioners also point out that the first petitioner has been issued several identity cards containing the address of the fourth respondent. However, it is stated that, at the behest of the fourth respondent, the impugned order was issued refusing to include the first petitioner's name in the family ration card.

3.On this issue, the first petitioner also points that her daughter, the second petitioner, continues to reside with her at Udumalpet, Tiruppur District, but the impugned order does not direct the deletion of the second petitioner's name. 4.Mr.P.Subbaraj, learned counsel for the State, accepts notice for respondents 1 to 3. He submits that the first petitioner may be entitled to the issuance of a separate family card indicating her residence as Udumalpet, Tiruppur District. In the alternative, her name may be included in the family card issued to her father. 5.Without doubt, the petitioners herein are entitled to the issuance of a family ration card subject to production of relevant information and documents.

The only question is whether the petitioners' names should be included in the family ration card issued to the fourth respondent or whether a separate ration card should be issued to them. Given the fact that the first petitioner admittedly resides at Udumalpet, Tiruppur District along with the second petitioner, it may be advisable to issue a separate ration card to the first petitioner herein showing the second petitioner as a dependent. In any event, this process should be completed quickly so as to ensure that the petitioners receive the benefits of the public distribution system within a short time. 6.Towards such end, the first petitioner is permitted to submit an application to the District Supply Officer of the Tamil Nadu Civil Supplies Corporation at Dindigul.

Upon receipt thereof, the said Officer is directed to re-examine the matter and ensure that the petitioners are provided a family ration card through the Tamil Nadu Civil Supplies Corporation, either at Dindigul District or at Tiruppur District. For such purpose, the relevant papers may be forwarded to the officer concerned in the Tiruppur District, if necessary.

of two (2) months from the date of receipt of a copy of this order.

7.W.P.(MD).No.17441 of 2021 is disposed of on these terms without any order as to costs. Consequently, W.M.P(MD).No.14316 of 2021 is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Circle Distribution Officer/Protection Officer, District Supply and Consumer Protection Office, Oddanchatram, Dindigul District.

2.The Special Revenue Inspector Oddanchatram, Dindigul District.

3.The TamilNadu Civil Supplies Corporation Having its regional Office at Near Collector Office, District Sports Ground Back Side, Dindigul.

+1 CC to M/s.T.PON RAMKUMAR, Advocate (SR-30624[F] dated 29/09/2021) +1 CC to M/s.SPL.GP (SR-30595[F] dated 29/09/2021) W.P(MD).No.17441 of 2021 and W.M.P(MD).No.14316 of 2021 28.09.2021 NSN(CO) SB(05.10.2021) 3P 6C 3/3