Agnes Reja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD).No.13175 of 2022 Agnes Reja ... Petitioner Vs.

1.The District Collector, Kanyakumari District at Nagercoil.

2.The Revenue Divisional Officer, Kanyakumari District at Nagercoil.

3.The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

4.The Village Administrative Officer, Vadesery South Village, Kanyakumari District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiararified Mandamus, calling for the records relating to the impugned order passed by the second respondent namely the Revenue Divisional Officer, Kanyakumari District at Nagercoil and his proceedings made in OMU/AA1/1640/2018 dated 10.06.2019 and 1/4

quash the same and further direct the respondents to issue a destitute widow certificate to the petitioner namely Agnes Reja within stipulated time fixed by this Court.

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner approached the authority for issuance of Destitute Widow Certificate. It was rejected by the impugned communication dated 10.06.2019. The impugned communication is bereft of any reasons. The authority has mechanically rejected the petitioner's request. There is nothing on record to show as to why the petitioner's case was not accepted. In view of the non-speaking nature of the impugned communication, it stands quashed and the matter is remitted back to the file of the Sub-Collector, Nagercoil. The Sub-Collector, Nagercoil, will hold fresh enquiry and pass a fresh order on merits and in accordance 2/4

with law. If according to the authority, the petitioner is having means and that she cannot be characterized as a destitute, then materials will have to be indicated in the order itself. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is allowed on these terms. No costs. Consequently, connected Miscellaneous Petition is closed. 04.01.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Revenue Divisional Officer, Kanyakumari District at Nagercoil.

3.The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

4.The Village Administrative Officer, Vadesery South Village, Kanyakumari District.

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G.R.SWAMINATHAN,J.

Rmk 04.01.2023 4/4