Sarojini Ammavasai, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Sarojini Ammavasai, W/o.Late.Moses .. Petitioner

Versus

1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

3.The Tahsildar, Kalasapakkam Taluk, Dindigul District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the first respondent to give appropriate directions to the respondents 2 and 3 to consider and issue the Destitute Widow Certificate to the petitioner, based on the representation dated 01.11.2018, within the time frame fixed by this Court.

For Petitioner :

No Appearance For Respondents :

Mr.S.P.Maharajan Special Government Pleader 1/5

ORDER

There is no representation on behalf of the petitioner.

2. This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the first respondent to give appropriate directions to the respondents 2 and 3 to consider and issue the Destitute Widow Certificate to the petitioner, based on the representation dated 01.11.2018, within the time frame fixed by this Court.

3. The learned Special Government Pleader for the respondents, on instructions, would submit that, on enquiry, it was found that the petitioner was not living in the address mentioned in the application for issuance of Destitute Widow Certificate. It is submitted that in the absence of educational particulars and economic status of the petitioner, the question of granting Destitute Widow Certificate based on the representation dated 01.11.2018, cannot be considered. A reference is made to the following Paragraph of the Communication received by the learned Special Government Pleader from the Tahsildar, Dindigul East Taluk, 2/5

4. Having considered the affidavit filed in support of the Writ Petition and the documents filed by the petitioner in support of the Writ Petition and considering the above submissions, I am of the view that the Writ Petition cannot be dismissed straightaway based on the submissions made by the learned Special Government Pleader for the respondents. Suffice to state that the respondents shall send suitable notice to the address given in the application / representation dated 01.11.2018, to the petitioner, as it appears that the petitioner's husband died tragically on 22.08.2017 and she has two minor children to support. Considering the fact that the petitioner has obtained a Widow Certificate from the second respondent's counterpart in Kalasapakkam Taluk, Tiruvannamalai District, as early as 30.01.2018, the respondents are directed to ascertain from their counterpart, who issued Widow Certificate, dated 30.01.2018, and issue a Destitute Widow Certificate after issuing 3/5

notice to the petitioner at the address given for issuance of Widow Certificate, dated 30.01.2018. The respondents may also refer to the Birth Certificate of the two children of the petitioner and her husband deceased Moses, which give the permanent address as No.183, Murugan Koil Street, Vellore. In case, any enquiry has to be made by the counterparts in Vellore District, the papers may be transmitted to the concerned jurisdictional Tahsildar in Vellore District.

5. This Writ Petition is disposed of with the above observations. No costs. NCC : Yes/No 01.04.2024 Index : Yes/No smn2 To 1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

3.The Tahsildar, Kalasapakkam Taluk, Dindigul District.

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C.SARAVANAN, J.

smn2 Order made in 01.04.2024 5/5