Dismissed¶29

The District Collector, v. Soosairaj

Writ Appeal – Old Age Pension – Stoppage of pension without show cause notice – Principles of natural justice

Madras HC5 Mar 2025WA(MD)/544/2022

Download

Case brief

AI extract

What is this about?

Old age pension stoppage; show cause notice not issued; principles of natural justice; writ appeal under Clause 15 Letters Patent; Sivagangai District Collector; Revenue Divisional Officer Devakottai; Special Tahsildar Devakottai Taluk; Sub Collector communication dated 14.12.2018; pension arrears payment direction; Rs.400/- per month pension from 2010; W.P(MD)No.8750 of 2021 common order dated 22.06.2021; C.M.P(MD)No.4801 of 2022.

What did the court decide?

Writ appeal dismissed with no costs; connected miscellaneous petition closed; appellants directed to pay the arrears payable to the writ petitioners without any delay. ¶29

The District Collector, Vs Soosairaj — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed with no costs; connected miscellaneous petition closed; appellants directed to pay the arrears payable to the writ petitioners without any delay.

¶29

Issue for consideration

Whether the order dated 22.06.2021 of the learned Judge (under which the writ petitioner would be entitled to receive his pension till it is cancelled in the manner known to law after affording an opportunity) deserved to be challenged by filing a writ appeal. +1 more

¶23

Court's answer

The order of the learned Judge dated 22.06.2021, under which the petitioners would be entitled to receive their pension under the scheme till it is cancelled in the manner known to law after affording an opportunity, did not deserve to be challenged by filing an appeal.

¶23

Ratio / Principle

The Court was unable to discern any compliance with the principles of natural justice in the communication dated 14.12.2018 sent by the Sub Collector, Devakottai to the District Collector, Sivagangai; admittedly no show cause notice was issued; therefore the learned Judge was right in granting relief and interference was not warranted.

¶28

Key takeaways

The appellants were directed to pay the arrears payable to the writ petitioners without any delay.ratio¶28

Detailed headnote1 paragraphs

Writ Appeal — Old Age Pension — Stoppage of pension without show cause notice — Principles of natural justice — The District Collector and other revenue authorities appealed under Clause 15 of Letters Patent against a common order dated 22.06.2021 in W.P(MD)No.8750 of 2021 whereby the learned Judge had allowed the writ petitions on the ground that principles of natural justice were not complied with when the writ petitioner's old age pension of Rs.400/- per month (drawn from 2010 onwards) was stopped. Held: the learned Judge's order, entitling the petitioners to receive pension till it is cancelled in the manner known to law after affording an opportunity, did not deserve to be challenged by filing an appeal. The Government Advocate's claim that an opportunity was given before cancellation found no support in the communication dated 14.12.2018 sent by the Sub Collector, Devakottai to the District Collector, Sivagangai; the Court could not discern any compliance with natural justice therein, and it was admitted that no show cause notice was issued. Accordingly, the learned Judge was right in granting relief, interference was not warranted, and the appellants were directed to pay the arrears payable to the writ petitioners without any delay. Writ Appeal dismissed with no costs; connected miscellaneous petition closed.

¶1

W.A.(MD)No.544 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 05.03.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

AND

¶7

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

¶8

W.A(MD)No.544 of 2022 and C.M.P(MD)No.4801 of 2022

¶9

1.The District Collector, Sivagangai District.

¶10

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

¶11

3.The Special Tahsildar, Devakottai Taluk, Sivagangai District. ... Appellants / Respondents Vs. Soosairaj ... Respondent / Writ Petitioner

¶12

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the judgment dated 22.06.2021 in W.P(MD)No.8750 of 2021 on the file of this Court and allow the same.

¶13

For Appellants : Ms.P.B.Ahamed Yasmin Parvin Government Advocate

¶14

https://www.mhc.tn.gov.in/judis

¶15

1/6

¶16

W.A.(MD)No.544 of 2022

¶17

For Respondent : Mr.J.Anandkumar

¶18

JUDGMENT

¶19

(Judgment of the Court was made by G.R.Swaminathan J.)

¶20

Heard both sides.

¶21

2.The writ petitioner was recipient of sum of Rs.400/- per month under old age pension scheme from 2010 onwards. Suddenly, the payment was stopped. When the writ petitioner represented to the authority, he was informed that resumption of payment was not possible. Challenging the said communication, the writ petitioner moved this Court. The writ petitioner's case was taken up along with similar writ petitions. By common order dated 22.06.2021 the learned Judge allowed the writ petitions. The reasons for interference was that principles of natural justice were not complied with.

¶22

3.In fact, the learned Judge was fair enough to say that the petitioners would be entitled to receive his pension under the scheme till it is cancelled in the manner known to law after affording an opportunity to the petitioners. We are of the view that such an order does not deserve to be challenged by filing an appeal.

¶23

https://www.mhc.tn.gov.in/judis

¶24

2/6

¶25

W.A.(MD)No.544 of 2022

¶26

4.The learned Government Advocate would claim that opportunity

¶27

was in fact given and only thereafter a cancellation order was passed.

¶28

5.We called upon the learned Government Advocate to draw our attention to the relevant communication. Our attention is drawn to the communication dated 14.12.2018 sent by the Sub Collector, Devakottai to the District Collector, Sivagangai. We are not able to discern any compliance with the principles of natural justice in the said communication. Admittedly, no show cause notice was issued. Therefore, the learned Judge was right in granting relief. Interference is not warranted. The appellants are directed to pay the arrears payable to the writ petitioners without any delay.

¶29

6.This Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

¶30

NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA

¶31

https://www.mhc.tn.gov.in/judis

¶32

3/6

¶33

W.A.(MD)No.544 of 2022

¶34

G.R.SWAMINATHAN,J.