S.P.Ammavasai v. The Joint Secretary To Govt. Of Tamil Nadu

W.P.(MD) No.20322 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20322 of 2019 and W.M.P.(MD)No.16937 of 2019 S.P.Ammavasai ... Petitioner -Vs1.The Joint Secretary to Government of Tamil Nadu Public (Political Pension)Department Secretariat, Fort St.,George Chennai 600 009 2.The District Collector Collectorate Office Madurai District Madurai 3.The Tahsildar Taluk Office Usilampatti Madurai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned order in Na.Ka.No.15867/2017/Y4, dated 22.08.2019 on the file of the Respondent No.2 and quash the same as illegal and consequently to direct the respondents to provide Freedom Fighter Pension to the petitioner within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.VR.Shanmuganathan Special Government Pleader

ORDER

Heard Mr.S.Louis, learned counsel appearing on behalf of the writ petitioner, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing on behalf of the respondents. 2.This Writ Petition has been filed to quash the order of the second respondent in Na.Ka.No.15867/2017/Y4, dated 22.08.2019 and direct the respondents to provide Freedom Fighter Pension to the petitioner within the time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20322 of 2019 3.The learned counsel for the petitioner submitted that the respondents have rejected the claim of the petitioner only on the ground that he has not produced some of the documents in original. Now, the petitioner is willing to produce the documents required by the second respondent, within two weeks from today. 4.The learned Special Government Pleader appearing for the respondents submitted that if the petitioner submits the required documents, his application will be considered and appropriate orders will be passed within a time frame to be fixed by this Court. 5.

Considering the abovesaid submission of the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents, without deciding the issue on merits, the impugned order passed by the second respondent in Na.Ka.No.15867/2017/Y4, dated 22.08.2019, is set aside and the matter is remanded back to the second respondent, permitting the petitioner to submit all the original documents required by the second respondent, within a period of two weeks from today. On production of such documents, the second respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of eight (8) weeks thereafter. 6.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To 1.The Joint Secretary to Government of Tamil Nadu, Public (Political Pension) Department, Secretariat, Fort St.,George, Chennai 600 009.

2.The District Collector Collectorate Office Madurai District, Madurai.

3.The Tahsildar, Taluk Office Usilampatti, Madurai District.

W.P.(MD) No.20322 of 2019 and W.M.P.(MD)No.16937 of 2019 20.09.2019 msa JM/20.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2