R.Palanisamy v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.889 of 2022 R.Palanisamy
...Petitioner
-vs1. Government of Tamil Nadu rep. by its Chairman, State Legal Scrutiny Committee-II/ Additional Secretary to Government, Aadhi Dravidar Tribal Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Director, Tribal Welfare, Chennai-15.
3. District Revenue Officer, District Revenue Office, Krishnagiri District.
4. The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri District.
5. The Thasildar, Thasildar Officer, Uthangarai, Krishnagiri District.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's Appeal dated 04.12.2020 pending on his file within a time stipulated by this Court.
For Petitioner : Mr.R.Bharath Kumar For Respondents: Mr.K.V.Sajeev Kumar, Spl.G.P.
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's Appeal dated 04.12.2020 pending on his file within a time stipulated by this Court.
2.Heard the learned Counsel for the petitioner. 3.Learned Special Government Pleader appearing for the respondents explaining the delay for not disposing of the appeal filed by the petitioner dated 04.12.2020 submitted that in view of the Covid-19 pandemic situation, the Anthropologist, who has to visit the petitioner's site for personal enquiry as per the Letter No.17171/CVIII/2020-1 dated 28.12.2020 addressed by the 1st respondent to the 2nd respondent, has not taken the risky visit. Therefore, the report of the Anthropologist could not be made available based on which the Community Certificate can be given. He further submitted that the concerned Deputy Superintendent of Police has also to give a report and therefore, he submitted that four weeks time may be given to dispose of the appeal.
4.Considering the facts and circumstances of the case, without going into the merits of the matter, we hereby direct the 1st respondent herein to dispose of the appeal dated 04.12.2020 preferred by the petitioner herein, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order.
5.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsi To
1. The Chairman, Government of Tamil Nadu State Legal Scrutiny Committee-II/ Additional Secretary to Government, Aadhi Dravidar Tribal Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Director, Tribal Welfare, Chennai-15.
3. District Revenue Officer, District Revenue Office, Krishnagiri District.
4. The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri District.
5. The Thasildar, Thasildar Officer, Uthangarai, Krishnagiri District.
+1cc to Mr.R.Bharathkumar, Advocate, S.R.No.9137 W.P.No.889/2022 MT(CO) RGA(08/03/2022) (10/03/2022)