Kannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Kannan ... Petitioner Vs.

1.The District Collector, Tirupathur, O/o. The Adi Dravidar Welfare Scheme, Tirupathur District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tirupathur, Tirupathur District - 635 601.

3.The Tahsildar, Taluk Office, Nattrampalli, Tirupathur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to afford an

opportunity of personal hearing and to consider and pass orders on the petitioner's appeal dated 28.04.2023 and to consequently, issue ST Kurumans Community Certificate to himself, his wife Indirani, daughters viz., Priya, Radhika, Sandhiya on the basis of the ST Kurumans Community Certificate of his brother C.Ulagaraju, S/o. Chinnamogu and his children. For Petitioner :

M/s.K.Nithyashree For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to afford an opportunity of personal hearing and to consider and pass orders on the petitioner's appeal dated 28.04.2023 and to consequently, issue ST Kurumans Community Certificate to himself, his wife Indirani, daughters viz., Priya, Radhika, Sandhiya on the basis of the ST Kurumans Community Certificate of his brother C.Ulagaraju, S/o. Chinnamogu and his children.

2.Learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 1st respondent to dispose of the appeal preferred by the petitioner on 28.04.2023, which is pending before the 1st respondent, after affording an opportunity of hearing to the petitioner. 3.Learned Special Government Pleader, who takes notice for the respondents, has no objection for issuing a direction to the 1st respondent to dispose of the appeal on merits, after affording adequate opportunity to the petitioner.

4.Considering the limited scope of the prayer that is now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the contentions of the petitioner either in the appeal stated to have been filed by him or in the affidavit filed in support of this writ petition, the 1st respondent is directed to consider and dispose of the appeal preferred by the petitioner, dated 28.04.2023, on merits and in accordance with law, after holding an enquiry and affording adequate

opportunity of hearing to the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs. (S.S.S.R., J.) (N.S., J.) 05.02.2024 mkn Internet : Yes Index : Yes / No To 1.The District Collector, Tirupathur, O/o. The Adi Dravidar Welfare Scheme, Tirupathur District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tirupathur, Tirupathur District - 635 601.

3.The Tahsildar, Taluk Office, Nattrampalli, Tirupathur District.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 05.02.2024