Sri Valli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.22263 and 22267 of 2022 Sri Valli ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Tahsildar Office, Tenkasi Taluk, Tenkasi.

3.The Revenue Inspector, Kadayam Range, Tenkasi Taluk, Tenkasi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent passed in O.Mu(Aa7)4020/2022 dated 24.02.2022, consequentially direct the respondents 1/4

to issue the integrated certificate based on petitioner application dated 24.11.2021 to petitioner within stipulated time as fixed by this Court. For Petitioner : Mr.S.Chellapandian For Respondents : Mr.B.Saravanan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner is the wife of Anburaj. He passed away on 17.03.2021. He was serving as Sub Inspector of Police. The petitioner seeks integrated certificate for her son who is said to be physically challenged. Her request was rejected by the impugned memorandum on the ground that the deceased Anburaj was twice married. Challenging the said memorandum, the present writ petition has been filed.

3.The learned counsel for the petitioner would contend that the deceased Anburaj was not having two wives. I do not want to go into the said controversy. In any event, request for integrated certificate could not have been denied on that ground. The second respondent has to see if the petitioner's 2/4

son/Vijayakumar is possessed of means. If he is not possessed of means, integrated certificate will have to be issued in his favour. The fact that the petitioner is receiving pension cannot be put against the petitioner's son's claim for issuance of integrated certificate.

4.In this view of the matter, the order impugned in the writ petition is quashed. The matter is remitted back to the file of the second respondent. The second respondent shall hold enquiry. The second respondent will satisfy himself that Vijayakumar, son of deceased Anburaj is not having means. If such satisfaction is arrived at, integrated certificate will be issued. If according to the second respondent, Vijayakumar is having means, then obviously the request cannot be accepted. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 19.01.2023 NCS : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Tahsildar Office, Tenkasi Taluk, Tenkasi.

3.The Revenue Inspector, Kadayam Range, Tenkasi Taluk, Tenkasi.

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