Madras High Court
The District Collector vs K.Ilayarani on 19 February, 2021
W.A.(MD)No.381 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.381 of 2021
and CMP(MD) No.1364 of 2021
The District Collector
Madurai District, Madurai. :Appellant
Vs.
K.Ilayarani : Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.6606/2020 dated 09.07.2020.
For Appellant :Mr.K.P.Krishnadoss
Special Government Pleader
For Respondent : Mr.S.Visvalingam
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The present appeal is preferred by the appellant aggrieved over the
order of the learned single Judge, who allowed the writ petition on the
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W.A.(MD)No.381 of 2021
ground that in view of the existence of indigent circumstances and the
mere fact that the brother of the respondent got an employment, his
request cannot be granted, especially when the application was made on
time.
2.The learned Special Government Pleader submitted that the
question of indigent circumstances is one of fact, which is not even to be
gone into by the learned Single Judge. The brother of the respondent
was an employee even in the year 2013. Therefore, the order has to be
interfered with.
3. The learned counsel for the respondent submitted that the
impugned order was passed in the year 2020 and the report sent by the
Tahsildar, Melur to the District Collector, Madurai indicates the indigent
circumstances. As the application was within time, the learned Single
Judge rightly allowed the writ petition.
4. We do not find any merit in this writ appeal. The
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W.A.(MD)No.381 of 2021
recommendation made by the Tahsildar, Melur to the District Collector in
Na.Ka.13640/2011/rp2 dated 07.06.2017 is not disputed. In the said
recommendation, it has been stated that the writ petitioner/respondent is
a lady of no means. She is living in a tiled house constructed with mud.
The family is in indigent circumstances. The brother, after marriage, is
living separately and not extending any benefit to the writ petitioner and
the other members of the family. We also find that all these aspects have
been considered by the learned single Judge.
5. In view of the above, we do not find any merit in this writ
appeal. Accordingly, the writ appeal is dismissed. No costs.
Consequently connected Miscellaneous Petition is closed.
[M.M.S., J.] & [S.A.I, J.]
19.02.2021
Index : Yes/No
Internet : Yes
RR
To
The District Collector
Madurai District
Madurai.
http://www.judis.nic.in
W.A.(MD)No.381 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.381 of 2021
19.02.2021
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