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Madras High CourtWP(MD)/22439/2015dismissed

Jamuna, W/O. Late Ganesan v. The District Collector,

2023-08-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jamuna ... Petitioner Vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of third respondent in proceedings No.Oo. Moo.A9/3913/2015 dated 10.09.2015 and quash the same and consequently direct the respondents 1 and 2 to consider the petitioner's representations dated 08.11.2015 and 01.12.2015 and to direct the third respondent to issue "Destitute Widow Certificate" to the petitioner.

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For Petitioner : No Appearance For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader

ORDER

None appears for the writ petitioner.

2. The petitioner seeks issuance of Destitute Widow certificate. When the petitioner applied for the same, it was rejected by the Revenue Divisional Officer, Ramanathapuram. I went through the contents of the affidavit filed in support of the writ petition.

3. The respondents have filed counter affidavit and the learned Additional Government Pleader took me through its contents. The subject matter is governed by G.O(Ms)No.188 Personnel and Administrative Reforms (Personnel-P) Department dated 28.12.1976 and the letter dated 20.05.2015 issued by the Commissioner of Revenue Administration. The parameters set out therein are that the persons should not have any means either by herself or others to protect her from starvation. The specific stand of the respondents is that the petitioner is living with her parents. The petitioner's husband Thiru.Ganesan had left behind a pucca concrete house in 4 1⁄2 cent land in Tiruppullani Village valued at Rs.3,65,000/-. Destitute widow certificate is 2/4

issued only in favour of those who are having lands below Rs.50,000/-. The specific stand taken in the counter affidavit is that the petitioner does not fulfil the norms. The counter affidavit was served on the petitioner's counsel way back on 10.02.2016. No rejoinder has been filed traversing the factual aspects set out in the counter affidavit.

4. This writ petition is dismissed. There shall be no order as to costs. 10.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

MGA 10.08.2023 4/4