M.Anitha v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P. No. 743 of 2022 M. Anitha ... Petitioner

Versus

The Sub Collector Dharmapuri District Dharmapuri ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to pass orders on the application of the petitioner dated 24.11.2021 requesting for the issuance of the community certificate to the petitioner and her children viz., M. Elakya and M. Ramanan that they belong to 'Kurichchan (ST)' community based upon the community certificate already issued to the petitioner's maternal uncle M. Sivakumar.

For Petitioner : Mr.S.Doraisamy For Respondent : Mr. M. Alagu Goutham Government Advocate

ORDER

(Order of the court was made by R. MAHADEVAN, J.) Mr.M.Alagu Goutham, learned Government Advocate, takes notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner claims to have submitted an application dated 24.11.2021 requesting for issuance of community certificate to the effect that herself and her children viz., https://hcservices.ecourts.gov.in/hcservices/

M.Elakya and M.Ramanan belong to Kurichchan (ST) Community. In support of her claim, she enclosed a copy of the community certificate issued to her maternal uncle by name M.Sivakumar. Finding no response on the said application, the petitioner has preferred this writ petition seeking appropriate direction to the respondent in this regard.

3.When the matter was taken up, the learned Government Advocate taking notice for the respondent, drew the attention of this Court to the proceedings of the respondent in Na.Ka.No.394/2022/A4 dated 22.01.2022 and submitted that the petitioner was already directed to appear for enquiry along with requisite documents on 28.01.2022 at 04.00 p.m. Thus, according to the learned counsel, the claim of the petitioner would be considered, on merits, after enquiry and upon perusal of the documents produced by her.

4.In view of the subsequent development as stated by the learned Government Advocate appearing for the respondent, this court directs the respondent to pass appropriate orders, with regard to the claim of the petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.This writ petition stands disposed of accordingly. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR dhk To The Sub Collector, Dharmapuri District, Dharmapuri.

+1cc to Mr.S.Doraisamy, Advocate Sr.4384 +1cc to the Government Pleader Sr.4277 W.P. No. 743 of 2022 pch[co] srg 08/02/2022 https://hcservices.ecourts.gov.in/hcservices/