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Madras High CourtWP(MD)/20822/2024disposed of

Antony Ammal. A v. The Principal Secretary To Government

2024-09-02Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Antony Ammal Rep. by her sister Guardian / Care Giver Gnanaselvi ... Petitioner Vs.

1.The Principal Secretary to Government, State of Tamil Nadu, Health & Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Programme Officer, National Trust, Ministry of Social Justice & Empowerment, Government of India, New Delhi-100 060.

3.The Principal Secretary / State Commissioner for Disability Abled, State Commissionerate of Welfare of Differently Abled, Lady Welington College Campus, No.5, Kamarajar Salai, Chennai-600 005.

4.The District Collector, Tenkasi District, Tenkasi-627811.

5.The District Differently Abled Welfare Officer, Tenkasi District, Tenkasi-627811.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to recognize Gnanaselvi Daughter of Late Asirvatham and sister of Antony Ammal as the legal guardian of the petitioner A.Antony Ammal and issue a legal guardianship certificate based on the petitioner's application dated 30.05.2023 under Application No.TTFMR9442379436, in order to apply for family pension for the petitioner within the time to be stipulated by this Court. For Petitioner : Mr.S.Loganathan For R1, R3, R4 : Mr.D.Gandhiraj, & R5 Special Government Pleader For R2 : Mr.M.Rajendran, Central Government Standing Counsel

ORDER

This Writ Petition is filed, seeking for a direction to the 4th respondent to recognize Gnanaselvi, daughter of Late Asirvatham and sister of Antony Ammal, as the legal guardian of the petitioner Antony Ammal and issue a legal guardianship certificate, based on the petitioner's application dated 30.05.2023 under Application No.TTFMR9442379436, in order to apply for family pension for the petitioner within the time to be stipulated by this Court. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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3.It is the grievance of the petitioner that her representation dated 30.05.2023 to the 4th respondent, seeking for issuance of legal guardianship certificate for the petitioner in order to apply pension, has not been considered so far. Hence, she filed this Writ Petition. 4.Mr.D.Gandhiraj, learned Special Government Pleader, who took notice for the respondents 1 and 3 to 5, submitted that the application of the petitioner pending with the 4th respondent would be disposed of within the period stipulated by this Court.

5.In view of the said submission, the 4th respondent is directed to consider the application of the petitioner and pass appropriate order on its own merits and in accordance with law within a period of one month from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

02.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

N.SATHISH KUMAR, J Yuva To 1.The Principal Secretary to Government, State of Tamil Nadu, Health & Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Principal Secretary / State Commissioner for Disability Abled, State Commissionerate of Welfare of Differently Abled, Lady Welington College Campus, No.5, Kamarajar Salai, Chennai-600 005.

3.The District Collector, Tenkasi District, Tenkasi-627811.

4.The District Differently Abled Welfare Officer, Tenkasi District, Tenkasi-627811.

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