Madras High Court
Lakshmi vs The District Collector on 11 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.758 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.758 of 2022
and
C.M.P.(MD)No.6346 of 2022
Lakshmi ... Appellant
Vs.
1.The District Collector,
Office of the District Collector,
Tuticorin District, Tuticorin.
2.The Tahsildar,
(Social Security Scheme),
Ettaiyapuram,
Tuticorin District.
3.The Tahsildar,
(Social Security Scheme),
Vilathikulam Taluk,
Vilathikulam,
Tuticorin District. ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the
writ appeal and set aside the order dated 06-01-2022 made in
W.P.(MD).No.20426 of 2021 on the file of this Court.
1/5
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W.A.(MD)No.758 of 2022
For Appellant : Mr.S.Kanagarajan
For Respondents : Mr.K.Balasubramni,
Spl. Government Pleader.
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The appellant was getting destitute widow pension. It was
suddenly stopped. Aggrieved by the stoppage of pension, the appellant
filed W.P.(MD)No.8460 of 2017. The writ petition was allowed vide
order dated 09.10.2018. Aggrieved by the same, the authorities filed
W.A.(MD)No.645 of 2019. The Hon'ble Division Bench vide ordered
dated 15.02.2011 called upon the authorities to conduct enquiry in the
matter. Following the said direction, the order dated 12.05.2021 came to
be passed negativing the appellant's request. Questioning the same, the
appellant filed W.P.(MD)No.20426 of 2021. The learned Single Judge
vide order dated 06.01.2022 dismissed the writ petition on the ground
that the appellant cannot be called as a destitute. Challenging the same,
the present writ appeal has been filed.
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3.The only reason for dismissing the writ petition was that the
appellant is said to be taken care of by one Rajaram, a distant relative.
This by itself in our view may not be sufficient to deny relief to the
appellant. The appellant was admittedly aged about 68 years when she
filed the writ petition. It is not the case of the respondents that she is
having any property or asset in her name. She has no family to call as
her own. Merely because a good samaritan is taking care, that will not
change the appellant's status. These are matters in which a liberal
approach has to be adopted and not a technical approach. Even if
Rajaram is taking care of the appellant, if the appellant is getting a sum
of Rs.1,200/-, it confers same dignity on her.
4.In this view of the matter, the order impugned in this writ appeal
is set aside and the writ appeal is allowed. The question of paying
arrears will not arise. The respondents are directed to resume payment of
destitute widow pension to the appellant from 01.04.2025 onwards. If
the appellant is getting old age pension, the question of paying destitute
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widow pension does not arise at all. No costs. Consequently, connected
miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
11.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The District Collector,
Office of the District Collector,
Tuticorin District,
Tuticorin.
2.The Tahsildar,
(Social Security Scheme),
Ettaiyapuram,
Tuticorin District.
3.The Tahsildar,
(Social Security Scheme),
Vilathikulam Taluk,
Vilathikulam,
Tuticorin District.
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G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
11.03.2025
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