Madras High Court
P.Muthulakshmi vs The District Collector on 3 June, 2021
W.P(MD)No.9168 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.9168 of 2021
P.Muthulakshmi ... Petitioner
Vs.
1.The District Collector,
Theni District.
2.The Tahsildar,
Theni Taluk,
Theni Distirct. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
herein to include the name of R.Naveen Kumar, aged 18, S/o.late P.Ramesh in
the family ration card No.333050710845 as per the representation of the
petitioner dated 19.03.2021.
For Petitioners : Mr.H.Thayumanaswamy.
For Respondents : Mr.P.Thillak Kumar,
Standing Counsel for Government
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9168 of 2021
ORDER
Mr.P.Thilak Kumar, learned Standing Counsel for the Government,
accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. This writ petition has been filed by the petitioner seeking for
issuance of a Writ of Mandamus, directing the respondents to include the name
of R.Naveen Kumar, S/o.late P.Ramesh in the family ration card No.
333050710845 as per the representation of the petitioner dated 19.03.2021.
4.According to the petitioner, the petitioner's son got married to one
Manireka and out of the wedlock, two children were born namely Naveen
Kumar and Vetri Kousik. Due to ill-health, her daughter-in-law died on
05.03.2015 leaving behind her husband and sons. Recently, the petitioner's son
P.Ramesh died on 14.07.2020 due to Covid-19 leaving behind the petitioner
and sons. Now the two sons namely Naveen Kumar aged about 18 years and
Vetri Kousik aged about 13 years have been living with the petitioner at
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9168 of 2021
Chennai. After the death of her son, she obtained death certificate and legal
heirship certificate showing that she is the surviving legal heir. Thereafter, the
petitioner filed G.W.O.P.No.90 of 2020 before the Principal District Judge,
Theni seeking to appoint her as guardian as required for issuance of fresh
family ration card and to receive the service benefits of her son and the same
was decreed by Judgment and decree dated 19.01.2021. In this regard, the
petitioner sent a representation to the second respondent to include the name of
the above two minor children in the family ration card and to cancel her son's
ration card, along with the copy of the aadhar card and all other documents.
Though the second respondent had included only the name of Minor Vetri
Kousik in the ration card, the second respondent had inadvertently made an
error to include the name of Minor Naveen Kumar. In this regard, on
19.03.2021, the petitioner sent a representation to the respondents 1 and 2 to
include the name of R.Naveen Kumar, aged about 18 years, in the family ration
card. As no action was taken by the respondents, the present writ petition
has been filed.
5. The learned counsel for the petitioner would state that it would be
suffice if a direction is given to dispose of the representation of the petitioner.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9168 of 2021
6. The learned standing counsel for the respondents would state that the
representation of the petitioner would be considered within a reasonable time.
7. Considering the submissions of the learned counsel for the petitioner
as well as the respondents and in the light of the facts and circumstances of the
case, without going into the merits of the case projected by the petitioner either
in her representation or in this Writ Petition, the respondents are directed to
consider the representation of the petitioner dated 19.03.2021, on merits and in
accordance with law and pass appropriate orders within a period of twelve
weeks from the date of receipt of a copy of this order
8. With the above direction, the writ petition is disposed of.
No Costs.
03.06.2021
Index:Yes/No
Internet:Yes/No
rmi
Note:(i) In view of the present lock down owing
to COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9168 of 2021
To:
1.The District Collector,
Theni District.
2.The Tahsildar,
Theni Taluk,
Theni Distirct.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9168 of 2021
J.NISHA BANU, J.
rmi
W.P(MD)No.9168 of 2021
03.06.2021
https://www.mhc.tn.gov.in/judis/
