L.Rayar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.10239 of 2018 L.Rayar ... Petitioner Vs.

1. The District Collector, Collectorate Office, Villupuram District.

2. Revenue Tahsildar, Thirukkovilur T.K., Villupuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to Na.Ka.No.A2/5773/2017 dated 18.07.2017 on the file of the second respondent and quash the same and consequently direct the second respondent to issue community certificate to the petitioner's daughters R.Janani, R.Ishwariya and R.Ragini as Reddy (Ganjam) community in accordance with G.O.No.541 dated 24.07.1981.

For Petitioner : Mr.R.Ganesh Kumar For Respondents: Mr.S.N.Parthasarathy, Government Advocate

O R D E R

(Order of the Court was made by R.SUBBIAH,J.) The present writ petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records pursuant to the order made in Na.Ka.No.A2/5773/2017 dated 18.07.2017 on the file of the second respondent and quash the same and consequently direct the second respondent to issue community certificate to the petitioner's daughters R.Janani, R.Ishwariya and R.Ragini as Reddy (Ganjam) community in accordance with G.O.No.541 dated 24.07.1981.

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2. Though very many contentions have been raised in this writ petition, we are of the opinion that since the scope of the prayer is very limited, we are not inclined to traverse into the entire contentions raised by the petitioner. As against the order passed by the Revenue Tahsildar, the petitioner is having appeal remedy before the Revenue Divisional Officer. Without availing the alternative remedy before the Revenue Divisional Officer, the petitioner has straightaway come before this Court by filing the present writ petition. Therefore, we are not inclined to entertain the prayer sought for in this writ petition. Hence, the writ petition is dismissed.

However, the petitioner is at liberty to file an appeal before the concerned Revenue Divisional Officer within a period of 15 days from the date of receipt of a copy of this order and on filing such appeal, the concerned Revenue Divisional Officer is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of one month thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Collectorate Office, Villupuram District.

2. Revenue Tahsildar, Thirukkovilur T.K., Villupuram District.

+1cc to Mr.R.GANESHKUMAR, Advocate, S.R.No. 36164 +1cc to the Government Pleader, S.R.No.36604 W.P.No.10239 of 2018 TR(02/07/2018) https://hcservices.ecourts.gov.in/hcservices/