S. Kamala vs The District Collector

M. Venugopal, J.—Heard both sides.

The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the first respondent to issue necessary direction to the Third Respondent to issue Widow Certificate to the Petitioner on the basis of the representation made by the Petitioner to the first respondent on 8.6.2014.

According to the Petitioner, her husband Senthil was working as a Coolie in Ailangudi Panchayat and Village and all of a sudden, he passed away due to some ailments on 1.1.2013. She registered his death before the appropriate authority and a Death Certificate was issued by the said authority on 8.1.2013. Based on the said certificate, she had applied for the Legal Heir Certificate in the office of the Third Respondent and her application was duly considered by the Third Respondent who issued the Legal Heir Certificate in her favour on 17.08.2013. In the said Legal Heir Certificate, herself and her two children are mentioned as legal representatives of her deceased husband.

The Petitioner in order to secure employment in the category of Widow, approached the concerned Employment Office, Madurai District and applied for the employment on the said capacity. However, the Employment Office, Madurai District directed her to obtain certificate for widow from the competent/requisite authority. As such, she applied for obtaining the Widow Certificate in question from the office of the Third Respondent/Tahsildar, Madurai East Taluk, Madurai District and she submitted her application through proper channel. Also, she submitted her application to the Village Administrative Officer, Ailangudi village which falls within the control of the Third Respondent and her application has been kept pending by the said Village Administrative Officer without any reason. Moreover, she has produced all the relevant certificates along with her application to the said Village Administrative Officer and the said Village Administrative Officer has been making her to run from pillar to post unnecessarily. As a result she is very much affected.

The real grievance of the Petitioner is that the Village Administrative Officer of Ailangudi Village is simply procrastinating the matter without issuing the Widow Certificate in favour of the Petitioner and day-by-day, she is affected because of the simple reason that she is not in a position to obtain the Widow Certificate and in fact, if the Widow Certificate is issued in her favour, then the said certificate will help her to secure some employment so that she eke out her livelihood and live with dignity. That apart, the non-issuance of Widow Certificate by the Village Administrative Officer, Ailangudi Village, Y. Kodikulam Post, Madurai East Taluk, Madurai District violates the ingredients of Article 21 of the Constitution of India.

Considering the fact that the Petitioner seeks for issuance of a Widow Certificate in her favour to secure employment in the category of widow and the said certificate is very much required for registration of her name at the Employment Office, Madurai District, this Court based in Equity, fair play, good conscience and even as a matter of prudence, directs the first respondent/The District Collector, Madurai to issue necessary directions to the Third Respondent/Tahsildar, Madurai East Taluk, Madurai to issue Widow Certificate to the Petitioner on the basis of her representation, dated 08.06.2014 within a period of three weeks from the date of receipt of a copy of this order. It is open to the respondents 1 and 2 to direct the Village Administrative Officer, Ailangudi Village to forward all the relevant certificates along with the application of the Petitioner to the Third Respondent/Tahsildar, Madurai East Taluk, Madurai District, who in turn, after being subjectively satisfied as to the certificates produced by the Petitioner is to issue the Widow Certificate to her within the time determined by this Court.

With the aforesaid directions, the Writ Petition stands disposed of. No costs.