A single-judge bench of the Madras High Court comprising Justice G.R. Swaminathan was approached by a widow claiming to be a ‘destitute widow’ who wanted a certificate for the same. The Revenue Divisional Officer, who rejected her claim by the order was then directed by the Madras HC to issue her a certificate since the established definition of a ‘destitute widow’ is a widow whose earnings is below Rs.8,700/- per month.
Brief Facts:
The petitioner claims that she is a “destitute widow” and that the first respondent must issue a certificate to that effect. She filed a Writ Petition under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari filed Mandamus, to call for the records relating to the impugned order passed by the 1st respondent herein dated 07.10.2022 and quash the same and consequently direct the 1st respondent to issue the destitute widow certificate within the time frame fixed by this Court.
Contentions of the First Respondent:
The first respondent concluded that the petitioner is earning Rs.5,000/- per month and that her annual income is Rs.60,000/- and after applying G.O.(Ms) No.89, dated 05.07.2006 which states that any person getting income above Rs.48,000/- will not be entitled to destitute widow certificate, the petitioner’s claim was rejected. Reliance was placed on R. Vanitha Vs. The Tahsildar, Egmore Taluk, Chennai District, and Another, where the learned Judge after taking into account the cost inflation index came to the conclusion that any widow earning below Rs.8,700/- per month must be considered a destitute widow.
Observations of the Court:
The court acknowledged the fact that in the present case, the fact that the petitioner’s annual income is only Rs 60,000, is not disputed. Agreeing with the contentions presented by the first respondent, the court applied the ratio in R. Vanitha Vs. The Tahsildar, Egmore Taluk, Chennai District, and Another and said that the lady petitioner would come under the definition of a ‘destitute widow’.
The decision of the Court:
The impugned order referred to in the writ petition was set aside and the respondents were directed to issue a destitute widow certificate to the petitioner as prayed for immediately and without any delay.
Case Title: Esakiammal vs The Revenue Divisional Officer and anr.
Coram: Mr. Justice G.R. Swaminathan
Case No.: W.P(MD)No.80 of 2023 and W.M.P.(MD)No.90 of 2023
Advocate for the Petitioner: Mr. P.P. Alwin Balan
Advocate for the Respondents: Mr. G. Suriyanandh
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