V.Sivagnanam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.02.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN W.P.No.413 of 2021 V.Sivagnanam ... Petitioner

Versus

The Revenue Divisional Officer, Harur, Dharmapuri District.

... Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the application dated 19.08.2016 and reminder dated 12.12.2020 and to issue community certificate to the children of the petitioner viz., 1) Minor.S.Ragavendra and 2)Minor. S.Kathir that they belong to Kurumans (ST) Community based upon the community certificate possessed by the petitioner in proceedings No.ROC.2830/97/A3/ dated 07.04.1997.

For Petitioner :

Mr.V.Elangovan For Respondent :

Mr.M.Kamalesh Kannan Government Advocate

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The petitioner claims that he belongs to Hindu Scheduled Tribe Kurumans Community and in all his school records, it has been stated that he belongs to the said community and apart from that he has also been issued with Community Certificate No.3992426, dated 07.04.1997 in R.O.C.No.2830/97/A3, by the Revenue Divisional Officer, Dharmapuri.

2. Mr.V.Elangovan, learned counsel appearing for the petitioner would submit that the petitioner had applied for issuance of Hindu Scheduled Tribe Kurumans Community Certificate in favour of his children, namely, Minor S.Ragavendra and https://hcservices.ecourts.gov.in/hcservices/

Minor.S.Kathir, vide application dated 19.08.2016 and it is followed by a reminder dated 12.12.2020 and despite a lapse of two years and odd, from the date of reminder, no action whatsoever has been made and therefore, he is constrained to approach this Court by filing this Writ Petition.

3. The respondent has filed a counter affidavit dated 25.01.2021 and prays for outer time limit of two months to complete the process and to conclude the same.

4. This Court has carefully considered the rival submissions and also perused the materials placed before it.

5. Though the petitioner prays for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his application and reminder as well as in this Writ Petition, directs the respondent to consider and dispose of the petitioner's application dated 19.08.2016, on merits and in accordance with law and pass appropriate orders, within a period of ten weeks from the date of receipt of a copy of this order / uploading of the order in the website.

6. The Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sk To The Revenue Divisional Officer, Harur, Dharmapuri District.

+1cc to M/s.S.Doraiswamy, Advocate Sr.10764 +1cc to the Government pleader Sr.11137 W.P.No.413 of 2021 gpl[co] srg 19/03/2021 https://hcservices.ecourts.gov.in/hcservices/