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Madras High CourtWP/1129/2021disposed of

G.Gokula Thilagan v. The Revenue Divisional Officer,

2021-01-21Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.01.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN WP.No.1129/2021 [Video Conferencing] G.Gokula Thilagan .. Petitioner

Versus

The Revenue Divisional Officer Dharmapuri, 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 respondent to consider the application dated 16.07.2020 and issue community certificate to the petitioner and his children viz., G.Shalini and G.Poomani that they belong to ''Kurichchan [ST] Community'' based upon the State Level Scrutiny Committee report of the petitioner's sister M.Jeyalakshmi [petitioner's father's own brother's daughter] in proceedings No.5675/CVIII/2018-5 dated 31.01.2020. For Petitioner :

Mr.S.Doraisamy For Respondent :

Mr.R.Vijayakumar Additional Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the respondent.

(3)The petitioner claims that he belongs to Hindu Scheduled Tribe Kuruchan Community and Mr.S.Doraisamy, learned counsel for the petitioner would submit that verification of the Community Certificate issued to his sister, viz., Tmt.M.Jayalakshmi, W/o.Thir.Mahendran, was the subject matter of scrutiny by the Tamil Nadu State Level Scrutiny CommitteeII, Adi Dravidar and Tribal Welfare Department, Chennai-9, and vide proceedings dated 31.01.2020, bearing No.5675/CVIII/2018https://hcservices.ecourts.gov.in/hcservices/

5, it was found that the said certificates issued in favour of his sister and her children are found to be genuine and enclosing the same, the petitioner submitted an application dated 16.07.2020 to the respondent praying for issuance of Hindu Scheduled Tribe Kurichchan Community Certificates in favour of him as well as his children, viz., Shalini and Poomani. Attention of this Court has also been invited to the Memo of the respondent dated 30.07.2020 in Na.Ka.No.2222/2020/A4, wherein a direction was given to the Tahsildar, Nallampalli, to cause enquiry and submit a report and despite a lapse of nearly six months and odd, no progress is taking place and hence, prays for appropriate orders. (4)This Court heard the submissions of Mr.R.

Vijayakumar, learned Additional Government Pleader appearing for the sole respondent and also perused the materials placed before it. (5)This Court, taking into consideration the above facts and circumstances and without goig into the merits of the claim of the petitioner, either in his application or in this writ petition, directs the respondent to conclude the scrutiny/enquiry by also taking into account, the above cited proceedings / Memo of the Revenue Divisional Officer dated 30.07.2020 and pass appropriate orders on the application of the petitioner dated 16.07.2020 on merits and in accordance with law within a period of eight 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 accordingly. No costs. Sd/- Assistant Registrar (CS.VIII) /True Copy/ Sub Assistant Registrar To The Revenue Divisional Officer Dharmapuri, Dharmapuri District.

COPY TO:- The Tahsildar, Nallampalli, Dharmapuri District. +1cc to Mr.S.Doraisamy, Advocate SR.NO.2964 AKM/25.02.21/ 2P-4C/ WP.No.1129/2021 21.01.2021 https://hcservices.ecourts.gov.in/hcservices/