Mookkayi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W/.P. (MD) No.26240 of 2022 Mookkayi .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Special Thasildar, (Social Security Scheme), Madurai North, Madurai District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to provide destitute widow monthly pension to the petitioner within a time stipulated by this Court.

For Petitioner :

Mr.R.Venkatesan For R1 & R2 :

Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to provide Destitute Widow Monthly Pension to the petitioner within a time stipulated by this Court. 1/4

2.Heard Mr.R.Venkatesan, learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the husband of the petitioner died on 02.01.2015 leaving behind the petitioner and his two daughters. After the demise of her husband, the petitioner applied for destitute widow monthly pension. Accordingly, the petitioner was granted with monthly pension and she was receiving the same from January, 2022. All of a sudden, for the past four months, the petitioner did not receive pension. 4.

The learned counsel for the petitioner submitted that after the death of the petitioner's husband, the petitioner is the sole bread winner of the family. Since the monthly pension was stopped without any intimation, she was unable to meet out the day-to-day expenses including her treatment for thyroid. Hence, the petitioner made request by way of representation on 08.11.2022 and also in person to the respondents seeking to provide destitute widow monthly pension. But no action was taken by the respondents. Hence, the petitioner has filed the present writ petition.

5.The learned counsel appearing for the petitioner would submit that it would suffice to issue direction to the respondents to consider the petitioner's representation, dated 08.11.2022.

6.The learned Special Government Pleader appearing for the respondents have no objection for such an order being passed by this Court. 7.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the official respondents to consider the petitioner's representation dated 08.11.2022 positively and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition is disposed of. No costs. 21.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Collector, Madurai District, Madurai.

2.The Special Thasildar, (Social Security Scheme), Madurai North, Madurai District.

Order made in W.P.(MD) No.26240 of 2022 21.11.2022 4/4