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

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

What the court decided

AI extract

Outcome

None to the appellants; writ appeal dismissed with no costs and connected miscellaneous petition closed, with a direction to the appellants to pay the pension arrears to the writ petitioners without delay.

Issue for consideration

Whether the learned Single Judge's order (permitting the pensioner to draw pension until cancellation in the manner known to law after affording an opportunity) deserved to be challenged in this writ appeal / whether interference was warranted. +1 more

Court's answer

An order directing that the pensioner be paid pension until it is cancelled in the manner known to law after affording him an opportunity is not an order that deserves to be challenged by filing a writ appeal.

Ratio / Principle

There was no compliance with the principles of natural justice before stopping the pension: the communication dated 14.12.2018 discloses no such compliance and, admittedly, no show cause notice was issued; accordingly the learned Judge was right in granting relief and interference by the Division Bench is not warranted.

Key takeaways

The appellants are directed to pay the arrears payable to the writ petitioners without any delay.ratio¶29
The writ appeal stands dismissed with no costs, and the connected miscellaneous petition is closed.ratio¶30

Detailed headnote1 paragraphs

Writ Appeal (Madurai) under Clause 15 of Letters Patent against the learned Single Judge's common order dated 22.06.2021 in W.P(MD)No.8752 of 2021 — Old age pension of Rs.400/- per month stopped from 2010 grant — Stoppage preceded by no show cause notice; communication dated 14.12.2018 of Sub Collector, Devakottai disclosed no compliance with principles of natural justice — Learned Single Judge had rightly held petitioners entitled to pension until cancellation in the manner known to law after affording opportunity — Such an order does not deserve challenge in appeal; interference not warranted — Appellants directed to pay arrears without delay — Writ Appeal dismissed, no costs; connected miscellaneous petition closed.

W.A.(MD)No.545 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.A(MD)No.545 of 2022 and C.M.P(MD)No.4803 of 2022

1.The District Collector, Sivagangai District.

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

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

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the judgment dated 22.06.2021 in W.P(MD)No.8752 of 2021 on the file of this Court and allow the same.

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

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W.A.(MD)No.545 of 2022

For Respondent : Mr.J.Anandkumar

JUDGMENT

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

Heard both sides.

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.

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.

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W.A.(MD)No.545 of 2022

4.The learned Government Advocate would claim that opportunity

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

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.

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

[G.R.S., J.] [M.J.R., J.] 05.03.2025 3/4

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

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W.A.(MD)No.545 of 2022

G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN, J.

MGA

W.A(MD)No.545 of 2022

05.03.2025 3/4

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