Thiyaki E. Kalyani Ammal v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD) No.8530 of 2011 Thiyaki.E.Kalyani Ammal ... Petitioner vs.
1.The Union of India, represented by the Principal Secretary, Ministry of Home Affairs, New Delhi.
2.The Government of Tamilnadu, represented by the Principal Secretary, Department of Social Welfare, Secretariat, Chennai.
3.The District Collector, District Collector Campus, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to sanction the Freedom Fighter Pension to the petitioner within the time stipulated by this Court since the petitioner is in her twilight years.
For Petitioner :Mr.I.Pinaygash for Mr.T.Lajapathi Roy For Respondents :Mr.S.Sugumar for R1 Mr.M.Murugan for R2 & R3 Government Advocate
O R D E R
The petitioner filed an application for grant of Freedom Fighter Pension. The Application was submitted as early as on 26.01.2010. Since there was no follow up action taken up by the respondents, the petitioner is before this Court.
2. The learned Government Advocate on instructions, submitted that the petitioner was called upon to produce certain documents. Since those documents were not produced by the petitioner, his application was not processed so far. According to https://hcservices.ecourts.gov.in/hcservices/
the Government Advocate, in case the petitioner submits those documents, the respondents would consider and pass appropriate orders in accordance with law.
3. The District Collector, Tirunelveli District, is directed to process the application submitted by the petitioner for Freedom Fighter Pension. In case, the District Collector is of the view that certain documents are to be produced, he should call upon the petitioner by sending a letter by registered post to produce the documents. In case, those documents are available, necessarily the same shall be produced by the petitioner. In case, the petitioner is not in position to produce any of those documents, she should indicate her position in the reply with regard to those documents. The third respondent is directed to consider the application thereafter on merits and as per law. In any case, the entire exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order.
4. The attempt of the District Collector and the other Authorities entrusted with the work of sanctioning the Freedom Fighter Pension must be to help the Freedom Fighters to obtain pension if they are eligible. I hope that the respondents would rise to the occasion and do all the needful for an early disposal of the application submitted by the petitioner.
5. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To
1. The Principal Secretary,The Union of India, Ministry of Home Affairs, New Delhi.
2.The Principal Secretary,The Government of Tamilnadu, Department of Social Welfare, Secretariat, Chennai.
3.The District Collector, District Collector Campus, Tirunelveli District.
+One cc to The Special Government Pleader, SR.No.51059 +One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.49458 jikr RL/6C/2P/AAL/MPA/6.10.2016 W.P(MD)No.8530 of 2011 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/