Citation : 2022 Latest Caselaw 10679 Ker
Judgement Date : 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33254 OF 2022
PETITIONER:
RANI GOPI
AGED 62 YEARS
W/O. GOPI T. K,
THAREAPARAMBIL HOUSE,
KRRA - 58, KUNNALAKKATU ROAD,
MARADU (P. O),
KOCHI - 682 304.
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
NAVJYOTH S.
ANTONY THOMAS
RADHIKA V.R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM, PIN - 682 011.
3 THE VILLAGE OFFICER,
MARADU VILLAGE OFFICE,
ERNAKULAM, PIN - 682 304.
4 THE MARADU MUNICIPALITY
MARADU (P.O), ERNAKULAM,
PIN - 682 304, REPRESENTED BY THE SECRETARY.
5 THE SECRETARY,
MARADU MUNICIPALITY,
MARADU (P.O), ERNAKULAM,PIN - 682 304.
SRI. RAJAN T. R
SRI. B.S SYAMANTHAK - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.33254 OF 2022
2
JUDGMENT
The petitioner submitted Ext.P1 application
before the 5th respondent for old age pension under
the Indira Gandhi National Old Age Pension Scheme
(for short, 'the Scheme'). According to the petitioner,
though she has come to know from the office of the
4th respondent that the said application stands
rejected, there is no formal communication.
2. The petitioner has submitted Ext.P5 letter
requesting to process Ext.P1 application and pass
appropriate orders thereon. She has stated in
Ext.P5 that she satisfies the requirement of the
Scheme for old age pension and that she is not
having any other source of income so as to disqualify
her from applying for the Scheme. WP(C).No.33254 OF 2022
3. Heard the learned counsel for the petitioner,
the learned Standing Counsel and the learned
Government Pleader.
4. In the facts and circumstances of the case
and having regard to the submissions made across
the Bar, there will be a direction to the 5th respondent
to consider and pass orders on Ext.P5 request after
hearing her. This shall be done within a period of six
weeks from the date of receipt of a copy of this
judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.33254 OF 2022
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 29.01.2021 SUBMITTED ALONG WITH THE RECOMMENDATION OF THE WARD COUNCILOR ISSUED UNDER RIGHT TO INFORMATION ACT ALONG WITH ENGLISH TRANSLATION. EXHIBIT P2 TRUE COPY OF THE INCOME CERTIFICATE DATED 11.12.2020.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 09/03/2022 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX PAID BY THE PETITIONER'S DAUGHTER DATED 10.02.2022.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO.2759/2022 ON 16.03.2022 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 11.05.2022 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P8 TRUE COPY OF THE REPLY OF EXHIBIT P7 DATED 06.06.2022 ALONG WITH ENGLISH TRANSLATION.
RESPONDENTS EXHIBITS: NIL.
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