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Madras High CourtWP/8474/2017disposed of

V.Rajkumar v. The Revenue Divisional Officer

2017-04-10Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2017

CORAM:

THE HON'BLE MR. JUSTICE K.K. SASIDHARAN and THE HON'BLE MR. JUSTICE M.V. MURALIDARAN W.P. No.8474 of 2017 V.Rajkumar .. Petitioner Vs.

The Revenue Divisional Officer Harur, Dharmapuri District. ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to issue community certificate to the petitioner that he belongs to Kurumans (ST) community as per the application of the petitioner dated 12.01.2016. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.K.Dhananjayan,Spl.G.P.

O R D E R

K.K. SASIDHARAN,J.

The petitioner submitted an application before the Revenue Divisional Officer requesting to issue a Community Certificate indicating that he belongs to Kurumans community, which is a notified Scheduled Tribe. Since follow up action was not taken by the Revenue Divisional Officer, the petitioner is before us.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent.

3. The respondent is directed to consider and dispose of the application submitted by the petitioner on 12 January 2016 on merits and as per law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. We make it clear that the direction to consider the application should not be construed to be an expression of opinion on the merits of the matter. In short, it is for the respondent to consider the matter purely on merits and in the https://hcservices.ecourts.gov.in/hcservices/

light of the guidelines indicated by the Supreme Court in Kumari Madhuri Patil v. Additional Commissioner, Tribal Development and others [(1994) 6 SCC 241] and subsequently in Dayaram v. Sudhir Batham [(2012) 1 SCC 333].

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

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Revenue Divisional Officer Harur, Dharmapuri District.

+1 cc to Mr.S.Doraisamy,advocate,sr.21469 +1 cc to Govt.Pleadere,sr.21711.

gj(co) krd 25/4 W.P. No. 8474 of 2017 https://hcservices.ecourts.gov.in/hcservices/