S.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.1316 of 2019 S.Elumalai .. Petitioner Vs.

1.The District Collector, Vellore, Vellore District.

2.The Revenue Divisional Officer, Sathuvachari, Vellore, Vellore District.

3.The Tahsildar, Sathuvachari, Vellore, Vellore District.

4.The Revenue Inspector, Sathuvachari, Vellore, Vellore District.

5.The Village Administrative Officer, No.79, Ariyur Village, Vellore Taluk, Vellore District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the third respondent herein pertaining to the impugned order in Na.Ka.C4.2792/2016 dated 28.03.2018, quash the same and consequently direct the third respondent to issue community certificate.

For Petitioner .. Ms.A.Indirani For Respondents .. Ms.A.Sri Jayanthi, Spl. Govt. Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the order of the third respondent dated 28.03.2018 and for a consequential direction to the third respondent to issue community certificate to the petitioner, the present writ petition has been filed.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.What has been challenged is the report submitted by the third respondent to the second respondent, who is the competent authority. In such view of the matter, we are not inclined to entertain this writ petition. However, taking into consideration the fact that the report has been submitted as early as 28.03.2018, a direction is issued to the second respondent to pass appropriate orders on the same after issuing notice to the petitioner. The enquiry will have to be concluded by way of speaking order within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mmi To 1.The District Collector, Vellore, Vellore District.

2.The Revenue Divisional Officer, Sathuvachari, Vellore, Vellore District.

3.The Tahsildar, Sathuvachari, Vellore, Vellore District.

4.The Revenue Inspector, Sathuvachari, Vellore, Vellore District.

5.The Village Administrative Officer, No.79, Ariyur Village, Vellore Taluk, Vellore District.

+1cc to Mr.K.Balasubramaniam, Advocate, S.R.No.6733 W.P.No.1316 of 2019 PA(CO) GSP(21/02/2019)