MS. NISHA DEBNATH Vs. THE STATE OF TRIPURA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF TRIPURA, THE DISTRICT MAGISTRATE AND COLLECTOR AND SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) HEARD Mr. B. Saha, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned GA appearing for the respondents.

(2.) THE controversy involved in this writ petition falls within a short compass. The petitioner was a minor at the time when her mother namely Karayanna Bala Debnath was killed in an extremist violence that had taken place on 04.07.2002. The petitioner had approached the appropriate authorities for extending all the benefits arising from the Memorandum under No. F.11(1) -F(1)(C)/94 dated 01.01.2000, Annexure -F to the writ petition. In terms of the said memorandum dated 01.01.2000, the petitioner was entitled to have a sum of Rs. 1.25 lac as the financial assistance for death of her mother in the extremist violence as no suitable candidate was available in her family for employment. But the said assistance was not granted based on the purported report, available along with the communication dated 14.02.2002, Annexure -R -I to the counter affidavit filed by the respondents. The District Magistrate & Collector, North Tripura, Kailashahar has provided the reason for refusal as under:

(3.) IT is apparent on the face of the said finding that the mother of the petitioner was killed in an extremist violence on 04.07.2000, even though no particular group could be identified. Therefore, the decision as communicated by the District Magistrate & Collector to the Sub -Divisional Officer, Kailashahar, North Tripura is an outcome of abject non -consideration of the said report. Even in the counter affidavit a feeble attempt has been made by the respondents to shield their said action by stating in the para 6 of the counter affidavit that those groups of tribal were not identified. As such, the police did not level the death of the mother of the petitioner attributable to an act of the extremist attack. However, under the said paragraph it is also found that as immediate relief, rupees fifteen thousand was provided to the petitioner by the Sub -Divisional Magistrate, Kailasahahar. However, it has been asserted that the said payment was made absolutely on humanitarian ground in anticipation of conducting the formal enquiry through the police.