Vetri Chelvan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Vetri Chelvan ... Petitioner Vs.

1.The Director, Dr.Ambedkar Foundation Ministry of Social Justice and Empowerment Government of India 20, K.G, Marg, 9th Floor, Jeevan Prakash Building, New Delhi-110001.

2.The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent No.1 to grant the financial assistance a sum of Rs.2,50,000/- (Two Lakhs and Fifty Thousand Rupees) to the petitioner under the Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages by considering petitioners application Lr. No.4/17698/2019 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.V.Malaiyendran for R1 : Mr.A.Kannan Additional Government Pleader for R2

ORDER

Heard both sides.

2. The petitioner belongs to Hindu Devendrakula Velalar (Pallan) Community. It is a notified scheduled caste community. He married one Thamarai Selvi on 20.05.2018. The said Thamarai Selvi belongs to hindu vanniyar community. It is a notified backward community. The marriage was solemnized as per the Hindu religious rites and customs. It was also registered on 24.05.2018. The couple are happily living together as husband and wife. They have been blessed with a male child also. The petitioner applied for financial incentive under Dr.Ambedkar Scheme for social integration through inter caste marriages. The application did not carry the requisite documents. The first respondent Foundation called upon the District Collector, Ramanathapuram for certain clarifications. The District Collector, Ramanathapuram vide letter dated 11.01.2021 sent the certificate sought for by the Foundation. Even thereafter, the financial assistance was not provided. That led to filing of this writ petition.

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3. The learned Central Government Standing Counsel on instructions submitted that since certain document had not been furnished, the financial assistance could not be provided. The second respondent has filed the counter affidavit and the learned Additional Government Pleader took me through its contents. It has been clarified by the second respondent that he had fulfilled all the requirements.

4. I carefully considered the rival contentions and went through the materials on record. The written instructions given to the Central Government Standing Counsel states that the following documents have not been furnished. "(a) Application Proforma (b) Caste certificates of the Couple (c) Marriage Certificate (d) Religion Certificate-in case marriage is registered other than Hindu Marriage Act 1955 (Annexure-1 of the scheme). (e) First Marriage Affidavit of the Couple.

(f) Recommendation letter from sitting MP/MLA. (g) Recommendation letter from District Magistrate/District Collector.

(h) Aadhar card of the couple duly signed.

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(j) PAN Card of the couple duly signed.

(k) First Page of the Passbook of Jt Account in State Bank of India."

5. I notice that the application was submitted in the required format. Copy of the same has been enclosed in page No.20 of the typed set of papers. That the petitioner belongs to Scheduled Caste and that his wife belongs to Hindu Vanniyar Community is beyond dispute. The District Collector, Ramanathapuram had already certified the same. Copy of the said certificate is enclosed in page No.23 of the typed set of papers. The marriage certificate has been enclosed at Page No.35 of the typed set of papers. Inter caste marriage certificate issued by the Tahsildar, Paramakudi has been enclosed. What is lacking is only a recommendation from the sitting Mps/MLAs. I would call upon the first respondent to dispense with such requirement when the District Collector himself has recommended the petitioner's application.

Copy of the affidavit signed by the couple indicating that it is their first marriage is not found in the typed set of papers. The petitioner is therefore called upon to enclose such an affidavit indicating that it is the first marriage of the couple along with this order copy. The petitioner is also directed to enclose all the other documents except the recommendation letter from the sitting Mps/MLAs. It shall be directly sent to the first respondent.

respondent is directed to process the application and disburse the financial assistance as envisaged by the scheme. The said amount shall be credited to the joint account of the petitioner and his wife. This shall be done within a period of ten weeks after receipt of the representation from the petitioner herein.

6. The Writ Petition is allowed on these terms. No costs. 26.02.2024 Index : Yes / No Internet : Yes/ No rmi To The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District.

G.R.SWAMINATHAN, J.

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