Allowed

Chandramathi, v. the Revenue Divisional Officer

Madras HC13 Dec 2018WP(MD)/24544/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for issuance of a Destitute Widow Certificate, arguing that delay by the Revenue Divisional Officer deprived her of government employment opportunities. The Court directed the Tahsildar to conduct an enquiry within a week and directed the Divisional Officer to issue the certificate within three weeks thereafter.

What did the court decide?

Directed Tahsildar to conduct enquiry within a week. Directed Respondent 1 to issue Destitute Widow Certificate within three weeks.

Chandramathi, Vs the Revenue Divisional Officer — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2018 CORAM: THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P(MD)No.24544 of 2018

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Chandramathi ... Petitioner

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Vs.

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1.The Revenue Divisional Officer,

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Revenue Divisional Office, Sivagangai,

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Sivagangai District.

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2.The Tahsildar, Kalaiyarkovil Taluk Office, Kalaiyarkovil,

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Sivagangai District. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the first respondent to issue a Destitute Widow Certificate, based on the petitioner's application dated 21.02.2017, in accordance with law.

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For Petitioner : Mr.G.Jeremiah

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For Respondents : Mr.P.Kannithevan Additional Government Pleader

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ORDER

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This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the first respondent to issue a Destitute Widow Certificate, based on the petitioner's application dated 21.02.2017, in accordance with law.

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2.The case of the petitioner is that she was married to one Robert Arockiaraj, S/o.Maria George, native of Sengulam Village. The marriage between them was performed under the Christian Religious Custom and Rites. Out of the wedlock, they blessed with one female child viz., Philomin Robert. When the petitioner and her husband were travelling in a motorcycle to meet their relative, who was admitted in the private hospital on 12.11.2016, a lorry bearing Registration No.TN-66-D-8266 driven by its driver in a rash and negligent manner and dashed against the motorcycle and ran over the petitioner's husband. Immediately, he was taken to the Government Rajaji Hospital, Madurai, and the Doctor declared him dead and Thallakulam Police registered a criminal case in Crime No.347 of 2016 against the driver of the lorry for the offence under Section https://hcservices.ecourts.gov.in/hcservices/ 304(A) IPC. The petitioner has no other support and her parents are deaf and dumb and her husband had no assets and her in-laws have

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also no agricultural properties. The petitioner has completed Higher Secondary School and Teacher Training in Deaf and Dumb Course and registered in Employment Exchange. In the circumstances, on 21.02.2017, the petitioner has sent a representation to the first respondent requesting him to issue a Destitute Widow Certificate. But, the first respondent has failed to take any action on the petitioner's representation. Hence, the petitioner has approached this Court by way of filing this Writ Petition.

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3.Considering the facts and circumstances of the case, this Court is of the view that the respondents are denying the lawful right of a person and depriving her choice of getting Government employment. Hence, this Court directs the second respondent Tahsildar to conduct an enquiry within a week from today and submit a report to the first respondent and the first respondent is directed to issue a Destitute Widow Certificate to the petitioner, within a period of three weeks thereafter. The entire exercise shall be completed by the authorities concerned within a month from today. The Writ Petition is disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar(RTI)

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/True Copy/

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Sub Assistant Registrar(CS-III)

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1.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai, Sivagangai District.

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2.The Tahsildar, Kalaiyarkovil Taluk Office, Kalaiyarkovil,

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Sivagangai District.

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+1CC to Mr.J.John, Advocate, SR.No.100382

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W.P(MD)No.24544 of 2018 13.12.2018

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SMN2

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ES/SKN/RSK/SAR 3/14.12.2018/2P/4C

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https://hcservices.ecourts.gov.in/hcservices/

Chandramathi, v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Chandramathi, v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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