A.Nithya, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P.No.14420 of 2015 A.Nithya .. Petitioner Vs.

The Revenue Divisional Officer, Harur, Dharmapuri District .. Respondent This writ petition is preferred under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to issue community certificate to the petitioner that she belongs to "Kurumans (ST) Community" based upon the proceedings of the State Level Scrutiny Committee passed in proceedings No.18853/CVIII/2014 dated 05.01.2015 in favour of the petitioner. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.R.Rajeswaran, Spl.G.P.

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ORDER

(The order of the Court was made by SATISH K. AGNIHOTRI, J.) The petitioner, claiming to be a member of Kurumans community and residing at Veerabathiran Koil Street, Pappirettipatti Post, Dharmapuri District, has come up with this writ petition, seeking a direction to the sole respondent to consider her application for the grant of community certificate on the basis of the direction dated 5.1.2015 of the State Level Scrutiny Committee. 2.

The learned counsel appearing for the petitioner would submit that once the State Level Scrutiny Committee, after examination, has come to the conclusion that the petitioner belongs to Hindu Kurumans Scheduled Tribe community and also gave a direction to the Revenue Divisional Officer, Harur to issue requisite certificate, there is no reason to keep the proceedings pending for a period of more than five months.

3.

We have examined the pleadings and documents appended thereto.

4.

It is noted that on the representation dated 24.11.2014 made by the petitioner, the State Level Scrutiny Committee had examined the case of the petitioner on merits at length. Having examined all the facts, the Committee came to the conclusion that the petitioner belongs to Hindu Kurumans ST Community. Accordingly, it was directed to issue Hindu Kurumans ST community certificate. In that view of the mater, there is no reason, not to act on the direction and to keep the matter pending for about five months. The petitioner has been driven to approach this court for the aforestated direction in view of the lackadaisical attitude on the part of the authority concerned.

5.

The learned counsel appearing for the respondent would submit that necessary requisite certificate shall be issued immediately. 6.

In view of the foregoings, as no adjudication is required in this petition, we are of the considered view that a direction must go to the concerned officer, i.e., Revenue Divisional Officer, Harur to act on the direction of the State Level Scrutiny Committee and issue requisite certificate, within a period of ten days from today. It is ordered accordingly.

7.

With the aforestated direction and observations, the writ petition stands disposed of. No costs.

(S.K.A.J.) (M.V.J.) 11.06.2015 Index:Yes/No vvk To The Revenue Divisional Officer, Harur, Dharmapuri.

SATISH K. AGNIHOTRI, J.

and M. VENUGOPAL, J.

vvk W.P. No.14420 of 2015 11.06.2015