CHANDRIKA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent in proceedings Mu.No.7427/2015/AA4 dated 31.08.2015 and consequently direct the respondents to extend the benefits of G.O.(Ms).No.141 dated 24.02.2014 and pay a sum of Rs.1,00,000/- from the Chief Minister's Accident Relief Fund.

(2.) The petitioner is a widow and has 4 year old son. The petitioner's husband met with a road accident on 07.04.2013 at Tiruppur, and died on the way to hospital. The vehicle indulged in accident had no insurance and hence the petitioner could not able to avail any insurance. Later, she came to know that as per G.O.(Ms).No.141 dated 24.02.2014, the family of the victim, who died in road accidents would get Rs.1,00,000/- from the Chief Minister's Accident Relief Fund. Hence, the petitioner applied for the said fund. But the first respondent vide its proceeding in Vo.Mu.No.7427/2015/AA4 dated 31.08.2015 had rejected her claim on the ground that there was a delay in submitting the application applying for assistance, which ought to be made within a period of one year from the date of accident.

(3.) The petitioner claimed that the delay in issuance of the legal heir certificate is the reason for the belated submission of the application. It is her case that initially, she approached the Tahsildar, Coimbatore for issuance of legal heir certificate. The Tahsildar, Coimbatore vide its reply dated 31.07.2014 in proceedings No.Oo.Mu.7799/2014/AA1, informed the petitioner that the FIR and the death certificate shows the permanent address as Tiruppur and hence the legal heir certificate has to be obtained only from Tahsildar, Tiruppur. Thereafter, the petitioner approached the Tahsildar, Tiruppur and gave a representation on 03.09.2014, who in turn sent a reply dated 08.10.2014 by its proceedings in Na.Ka.No.4251/2014/AA2 stating that the legal heir certificate could be issued only in Coimbatore as they are permanent resident of Coimbatore. Thereafter, the petitioner made a representation to the District Collector, Coimbatore on 22.06.2015 and only on 14.08.2015 she was issued with legal heir certificate. Immediately, the petitioner applied for the victim compensation. But, as stated supra, the same has been rejected by the first respondent stating that the application is not made within a period of one year.