A petitioner denied a Destitute Widow Certificate challenged the revenue authorities' rejection and appellate confirmation. The court upheld both orders, finding that as her divorce decree preceded her former husband's death, she did not qualify as a destitute widow.
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W.P.No.1919 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. No.1919 of 2020
Boopathy D/o. Duraisamy
... Petitioner
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the proceedings in M.M. No.2182/18/A2 dated 21.12.2018 issued by the 3rd respondent and the consequential proceedings in Na.Ka.No.6402/2019/E4 dated 20.06.2019 issued by the 2nd respondent,
quash the same and direct the respondents to issue Destitute Certificate and Page 1 of 5
W.P.No.1919 of 2020
consequently extend all the attendant benefits to the petitioner.
For Petitioner : Ms. S. Nandhini Devi. For Respondents : Mr. G. Krishna Raja, Additional Government Pleader [for R1 to R3]
ORDER
The order passed by the Sub-Divisional Magistrate and Sub
Collector, Coimbatore North dated 21.12.2018 and the Appellate order passed by the District Revenue Officer, Coimbatore vide Proceedings dated 20.06.2019 are under challenge in the present Writ proceedings.
W.P.No.1919 of 2020
said Duraisamy, erstwhile husband of the Writ petitioner died on 18.04.2012. The subsequent application filed by the petitioner seeking Destitute Widow Certificate for the purpose of availing Government beneficial scheme, was rejected.
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W.P.No.1919 of 2020
granted on 21.11.2002 and the erstwhile husband of the Writ petitioner Mr. Duraisamy died on 18.04.2012 and therefore she is not entitled to get Destitute Widow Certificate. The findings in this regard made by the Original Authority and the Appellate Authority are in consonance with the principles and therefore there is no infirmity found.
11.01.2024 Index : yes/no
Speaking order/Non-speaking order Neutral Citation : yes/no mjs
Page 4 of 5
W.P.No.1919 of 2020
S.M.SUBRAMANIAM, J.
mjs
To
W.P.No.1919 of 2020
11.01.2024
Page 5 of 5
1 issue framed by the court
Whether a divorcee whose former husband died after the decree of divorce is entitled to a Destitute Widow Certificate.
1 provisions across 1 enactments
Boopathy D/o. Duraisamy
Government of Tamil Nadu, represented by its Secretary, Department of Social Welfare and Nutricious Meal Programme Department
The District Revenue Officer, Coimbatore
The Revenue Divisional Officer, Coimbatore North, Coimbatore
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
