Vijay v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.3496, 3501, 3503, 3507 & 3510 of 2024 Vijay ... Petitioner in W.P.No.3230 of 2024 Segnkaram ... Petitioner in W.P.No.3233 of 2024 Subramani ... Petitioner in W.P.No.3236 of 2024 Vasudevan ... Petitioner in W.P.No.3240 of 2024 Manikandan ... Petitioner in W.P.No.3243 of 2024 Vs.

1.The District Collector, Namakkal District, Namakkal.

2.The Welfare Officer, District Backward and Minority Welfare Department, Namakkal District.

3.The Tahsildar, Mohanur Taluk, Namakkal District.

4.The Zonal Deputy Tahsildar, Mohanur Taluk, Namakkal District.

... Respondents Prayer in W.P.No.3230 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 3rd and 4th respondents vide application vide No.TN - 5202308308343 and TN- 5202308308378 dated 30.08.2023 and quash the same and consequently to direct the 3rd and 4th respondents to issue the community certificate of backward Community Ganjam Reddy to petitioner's sons Thirumurugan and Rogin. Prayer in W.P.No.3233 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 3rd and 4th Respondents vide application vide No. TN - 520230831202 dated 31.08.2023 and quash the same and consequently directing the 3rd and 4th respondent to issue the community certificate of backward Community Ganjam Reddy to petitioner's daughter Mathavi.

Prayer in W.P.No.3236 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 3rd and 4th Respondents vide application vide No. TN - 5202308315334 And TN5202308313914 dated 31.08.2023 and quash the same and consequently directing the 3rd and 4th respondent to issue the community certificate of backward Community Ganjam Reddy to petitioner's daughter Sridharani and son Nitharsan.

Prayer in W.P.No.3240 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 3rd and 4th Respondents vide application vide No. TN - 5202308316345 And TN- 5202308316601 dated 31.08.2023 and quash the same and consequently directing the 3rd and 4th respondent to issue the community certificate of backward Community Ganjam Reddy to petitioner's daughters Reenasri and Durgasri. Prayer in W.P.No.3243 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 3rd and 4th Respondents vide application vide No. TN - 5202308308180 And TN- 5202308308095 dated 30.08.2023 and quash the same and consequently directing the 3rd and 4th respondent to issue the community certificate of backward Community Ganjam Reddy to petitioner's sons Movith and Puhazh.

For Petitioner :

Mr.R.Balaguruswamy in all writ petitions For Respondents :

Mr.R.Kumaravel Additional Government Pleader in all writ petitions C O M M O N O R D E R (Order of the Court was made by S.S. SUNDAR, J.) These writ petitions are filed for issuance of Writ of Certiorarified Mandamus to quash the impugned orders passed by the respondents 3 and 4 and to direct the respondents 3 and 4 to issue Community Certificate of Backward Community Ganjam Reddy to the petitioners' children. 2.Learned counsel for the petitioner states that the petitioners may be given liberty to file an appeal before the District Collector, who is the Appellate Authority as against the orders passed by the Tahsildar, which are impugned in these writ petitions. Learned counsel has produced before this Court the order passed in a writ petition in W.P.(MD) No.16740 of 2013, dated 02.07.2015, in the case of K.Rajangam v. The Revenue Divisional

Officer and another.

3.Acceding to the request of the learned counsel for the petitioner, these writ petitions are dismissed with liberty to the petitioners to file an appeal before the District Collector, Namakkal, within 10 days from the date of receipt of a copy of this order. The petitioners are permitted to raise all the grounds on the basis of documents that may be filed by the petitioners. On receipt of the appeal, the District Collector is directed to provide sufficient opportunity of hearing to the petitioners and pass appropriate orders on the appeal, on merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of presentation of the appeal. No costs. Consequently, connected miscellaneous petitions are closed.

(S.S.S.R., J.) (N.S., J.) 15.02.2024 mkn Internet : Yes Index : Yes / No

To 1.The District Collector, Namakkal District, Namakkal.

2.The Welfare Officer, District Backward and Minority Welfare Department, Namakkal District.

3.The Tahsildar, Mohanur Taluk, Namakkal District.

4.The Zonal Deputy Tahsildar, Mohanur Taluk, Namakkal District.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn W.P.Nos.3230, 3233, 3236, 3240 & 3243 of 2024 15.02.2024