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Madras High CourtWP/6348/2017disposed of

A.Nithya, D/O.Anbalagan, v. The Revenue Divisional Officer

2017-03-15Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2017

CORAM

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.P.No.6348 of 2017 A.Nithya

...Petitioner

vs.

The Revenue Divisional Officer, Harur, Dharmapuri District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing to the respondent to issue community certificate to the petitioner's son T.N.Kirubhakaran that he belongs to "Kurumans (ST) Community" based upon the community certificate already issued to the petitioner which was verified by State Level Scrutiny Committee in proceedings No.18853/CVIII/2014 dated 05.01.2015. For Petitioner : Mr.S.Doraisamy For Respondents: Mr.K.Dhananjayan Spl.Govt.Pleader

O R D E R

K.K.SASIDHARAN,J.

The Petitioner claiming herself to be a "Kurumans" Community submitted application before the Revenue Divisional Officer, for issuing a Community Certificate to her son by name T.N.Kirubhakaran. Though enquiry was conducted by the Revenue Divisional Officer, pursuant to the application and perused the documents produced by her, which includes the order passed by this court dated 11 June 2015 in the Writ Petition in

W.P.No.14420 of 2015, the Community Certificate issued to her on 29 July 2015 as well as the Certificate issued to her elder son by name Kanishkar on 6 February 2016, follow up action was not taken to issue the Certificate. The Petitioner is therefore before this Court.

2. Heard the learned counsel for the Petitioner and the learned Special Government Pleader on behalf of the respondents

3. The petitioner has already obtained a Community Certificate indicating that she belongs to "Kurumans" which is a notified schedule Tribe community. The Certificate was issued pursuant to the order passed by the Division Bench, dated 11 June 2015 in W.P.No.14420 of 2015. It is a matter of record that even the elder son of the petitioner was given a certificate indicating that he belongs to "Kurumans" Community. We are at a loss to understand as to what made the Revenue Divisional Officer to keep the application submitted by the petitioner for issuance of similar Certificate to his son T.N.Kirubhakaran. The delay in considering the matter by the Revenue Divisional Officer, Harur, made the petitioner to file this writ petition.

4. The Revenue Divisional Officer, Harur, is directed to consider and dispose of the application submitted by the petitioner for Community Certificate for his son, dated 9 February 2016 as expeditiously as possible, and in any case, within a period of one month from the date of receipt of a copy of this order.

5. The Writ petition is disposed of with the above direction. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar

To The Revenue Divisional Officer, Harur,Dharmapuri District.

+ 1 cc to M/s.S.Doraisamy, Advocate Sr.No.16171 + 1 cc to The Government Pleader Sr.No.16259 W.P.No.6348 of 2017 MP(CO) RRI 27/03/2017