Muthumurugesan vs The Government Of Tamil Nadu
2023 Latest Caselaw 6353 Mad

                                                                                 W.A.(MD) No.839 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 15.06.2023

                                                        CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                               W.A.(MD) No.839 of 2023



                 Muthumurugesan                                                        ... Appellant
                                                           -vs-

                 1. The Government of Tamil Nadu,
                    Represented by its Principal Secretary,
                    Social Welfare Department,
                    Fort St.George Secretariat,
                    Chennai - 600 009.

                 2. The District Collector,
                    Trichy District, Trichy.

                 3. The Block Development Officer,
                    Thiruverumbur Panchayat Union,
                    Thiruverumbur, Trichy District.                    ... Respondents/Respondents

                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 10.04.2023, passed in W.P.(MD) No.5656 of 2016, on the file of this Court.


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https://www.mhc.tn.gov.in/judis
                                                                                 W.A.(MD) No.839 of 2023


                                  For Appellant     : Mr.M.Saravanan

                                  For Respondents   : Mr.A.Baskaran
                                                      Additional Government Pleader

                                                     JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Mr.A.Baskaran, learned Additional Government Pleader takes notice

for the respondents.

2. The Writ Court has denied the benefits of the “Moovalur

Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” to the

petitioner on the ground that the petitioner has not applied on time. The Writ

Court has gone by the entries made by the authorities in the register that is

maintained by them. It is acknowledged that no acknowledgements are issued for

receipt of applications under the scheme. Merely because the register has not

reflected the receipt of the application, we cannot conclude that the petitioner has

not applied. The application form produced by the petitioner is dated 11.11.2013

and the Village Administrative Officer has signed the same. Of course, he had not

put the date while signing it. However, the version thatthe application has been

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.839 of 2023

filed on 11.11.2013 is supported by the certificate of the Village Administrative

Officer, which is found in page No.26 of the paper book, wherein it is specifically

dated as 11.11.2013. This probabilises the case of the petitioner to the effect that

the application was, in fact, submitted on 11.11.2013.

3. In view of the above, we are unable to sustain the order of the Writ

Court. The order of the Writ Court is, therefore, set aside. The writ appeal stands

allowed and there will be a direction to the respondents 1 and 2 to disburse the

benefits that the petitioner would be entitled to, under the scheme. No costs.

                                                          [R.S.M., J.]        [L.V.G., J.]
                                                                    15.06.2023
                 NCC      : No
                 Index : No
                 Internet : Yes
                 PKN




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https://www.mhc.tn.gov.in/judis W.A.(MD) No.839 of 2023

To:

1. The Principal Secretary, Government of Tamilnadu, Social Welfare Department, Fort St.George Secretariat, Chennai - 600 009.

2. The District Collector, Trichy District, Trichy.

3. The Block Development Officer, Thiruverumbur Panchayat Union, Thiruverumbur, Trichy District.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.839 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

PKN

W.A.(MD) No.839 of 2023

15.06.2023

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