Madras High Court
Ismail Sheriff vs District Collector on 30 August, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.20740 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.20740 of 2016
And
W.M.P.No.132 of 2018
1.Ismail Sheriff
2.M.Noorulla Sheriff
3.M.Naseemunnissa Begum
4.M.S.Zahed ... Petitioners
Vs.
1.District Collector
Thiruvannamalai District,
Thiruvannamalai.
2.The Additional Secretary to Government
Public (Political Pension II) Department,
Secretariat,
Chennai – 600 009.
3.The Principal Accountant General,
(Account and Establishment),
Tamil Nadu.
4.The State of Tamil Nadu
Represented by its Chief Secretary
To the Government of Tamil Nadu,
Fort St.George,
Chennai.
5.The Union of India
Represented by its Home Secretary
To the Government of India
New Delhi. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.20740 of 2016
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to fix and
sanction political pension at par with present cost of living to each of
the petitioners and in lieu of and equivalent to it to assign and allot
minimum 5 acres of Agricultural land to each of the petitioners from
Potharai Village lands, Polur Taluk, Chithoor District, Tamil Nadu.
For Petitioners : M/s.R.K.Sekina Reshma
For Respondents : Mr.P.Sathish
Additional Government Pleader
ORDER
The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to fix and sanction political pension at par with present cost of living to each of the petitioners and in lieu of and equivalent to it to assign and allot minimum 5 acres of Agricultural land to each of the petitioners from Potharai Village lands, Polur Taluk, Chithoor District, Tamil Nadu.
2.The case of the petitioners is that the petitioners are the descendants of one Mohammed Ishaq Khan who is the eldest son of the 8th Carnatic Nawab Mohammed Ali Khan. After the demise of the 8th Carnatic Nawab, Mohammed Ishaq Khan ought to have become 2/6 https://www.mhc.tn.gov.in/judis W.P.No.20740 of 2016 the 9th Carnatic Nawab, however, instead of Nawabdom, he was given the Potharai Village as his share from his father and his younger brother became the 9th Carnatic Nawab.
3.The further case of the petitioners is that after the demise of Mohammed Ishaq Khan, the lands given to him were resumed by the British Government and it granted a hereditary Dehat Inam to his son Muhammed Tippoo in lieu of Potharai Village and he received the Grant of Rs.112 per annum under sanction of the Government Boards Proceedings No.564 dated 13.06.1851. After his demise on 02.05.1863, his son Khaja Hussain received the said grant of Indian Silver Rupees 112 or nine Rupees five annas and four paisa upto 03.07.1944 under sanction by virtue of the Government Proceedings No.4139 dated 18.07.1865.
4.The further case of the petitioners is that the said Khaja Hussain died on 14.07.1944 leaving behind his daughter Beejubi and she was not given the Grant throughout her lifetime and she died on 01.02.1962 leaving behind her four sons namely, Syed Ibrahim; Syed Abdullah, Syed Rasul and Syed Ahamed and one daughter namely, Sekina. The Government of Tamil Nadu sanctioned 1/5th share of 3/6 https://www.mhc.tn.gov.in/judis W.P.No.20740 of 2016 political pension to Beejubi's eldest son under G.O.Letter 29905/74/1 Public Political Department, Fort St.George, Madras dated 18.02.1976 and kept the remaining 4/5th share in treasury.
5.The further case of the petitioners is that though 1/5th share of political pension was sanctioned to Beejubi's eldest son, it was not paid to him and without receiving the same, he died on 27.09.1981 leaving behind his daughter Zaheera Bi. 1/5th share of political pension was sanctioned to her by the Tamil Nadu Government under G.O.letter 59086/89/6 Public Political Department, Fort St.George, Chennai dated 19.01.1990 and she received Rs.9.39 per month equivalent to 9.5.4 Indian Silver Rupees, Rs.1.87 per month as political pension arrears from July, 1944 to May, 1981. The said Zaheera Bi died on 07.05.2005 leaving behind the petitioners as her legal heirs.
6.The further case of the petitioners is that the petitioners being the legal heirs of the said Zaheera Bi approached the Government for sanction of political pension and since the same has not yet been considered, have filed this writ petition. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.20740 of 2016
7.The learned counsel appearing for the petitioners submitted that without going into the merits of the case, this Court may grant liberty to the petitioners to make a detailed representation to the second respondent and issue direction to the second respondent to consider the same and to pass appropriate orders within a reasonable time frame.
8.Considering the limited request made by the learned counsel appearing for the petitioners, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioners to make appropriate claim by making detailed representation to the second respondent, within a period of two weeks from the date of receipt of a copy of this order and if any such representation is made by the petitioners, the second respondent shall consider the same and pass appropriate orders, within a period of twelve weeks thereafter.
9.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
30.08.2022 pri 5/6 https://www.mhc.tn.gov.in/judis W.P.No.20740 of 2016 Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.
pri To
1.The District Collector Thiruvannamalai District, Thiruvannamalai.
2.The Additional Secretary to Government Public (Political Pension II) Department, Secretariat, Chennai – 600 009.
3.The Principal Accountant General, (Account and Establishment), Tamil Nadu.
4.The State of Tamil Nadu Represented by its Chief Secretary To the Government of Tamil Nadu, Fort St.George, Chennai.
5.The Union of India Represented by its Home Secretary To the Government of India New Delhi.
W.P.No.20740 of 2016
And W.M.P.No.132 of 2018 6/6 https://www.mhc.tn.gov.in/judis W.P.No.20740 of 2016 30.08.2022 7/6 https://www.mhc.tn.gov.in/judis