P.Sankar v. The District Collector

W.P(MD)No.25852 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25852 of 2019 P.Sankar ... Petitioner Vs.

1.The District Collector, O/o.the District Collector, Madurai District, Madurai.

2.The District Social Welfare Officer, Madurai District, Madurai.

3.The Tahsildar, O/o.the Tahsildar Office, Madurai District, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to provide the marriage assistance to the petitioner under Dr.Muthulakshmi Reddy Ninaivu Inter-Caste Marriage Assistance Scheme dated 19-01-2012 and provide Rs.50,000/- to the petitioner along with interest 9 per cent from 05-02-2012 within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

The petitioner who has applied for financial assistance for his marriage under Dr.Muthulakshmi Reddy Ninaivu Inter-Caste Marriage Assistance Scheme, seeks a direction to the respondents to provide the said assistance based on the application made on 19.01.2012.

2.The petitioner's marriage was held on 23.02.2011 to one Velvizhi. Admittedly, it is an inter-caste marriage. After marriage, the petitioner had applied for the above said scheme on 19.01.2012. As per the scheme, the time limit for sending application seeking the said assistance is two years from the date of marriage. The petitioner alleges to have applied before the respondents on 19.01.2012.

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W.P(MD)No.25852 of 2019 3.It is the case of the petitioner that the said application was presented in-person. However, he has not taken any acknowledgment for the receipt of the same. It is also not sent by registered post with acknowledgment due.

4.The learned Additional Government Pleader who had filed counter on behalf of the second respondent has stated that there is no such application received by them. The Extension Officer, Social Welfare Department, Madurai has also sent a communication to the District Social Welfare Officer on 17.12.2019 stating that there is no such application from the petitioner claiming benefits for having married Ms.Velvizhi by inter-caste marriage. Even presuming that the petitioner had made an application by presenting the same in-person on 19.01.2012, admittedly, a reminder was sent on 05.10.2015, almost after four years. Besides, even this writ petition has also been filed only on 3rd December, 2019, which is after four years. Therefore, the petitioner has filed this writ petition only to take a chance, who is not keen in taking the benefits.

Presuming that the petitioner is entitled for the benefit, as the time limit is only for two years, in the absence of any evidence that the application was made within a period of two years, the petitioner is not entitled to such benefits. Hence, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector, O/o.the District Collector, Madurai District, Madurai.

2.The District Social Welfare Officer, Madurai District, Madurai.

3.The Tahsildar, O/o.the Tahsildar Office, Madurai District, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-2908 ) W.P(MD)No.25852 of 2019 23.01.2020 mj SDS(06.02.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2