V.Sankaran, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.3308 of 2019 and W.M.P.No.3579 of 2019 V.Sankaran S/o.M.Velayutham ... Petitioner Vs 1.State of Tamil Nadu, represented by Social Welfare Department, Fort St.George, Chennai.

2.Revenue Divisional Officer, Alandur, Chennai.

3.Tahsildar, Tambaram Taluk Office, Tambaram, Chennai.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue the petitioner herein the Community Certificate that the petitioner is Hindu Kurumans (Schedule Tribe) Community based on the application made by the petitioner on 25.10.2012.

For Petitioner :

Mr.P.Poornima for M/s.G.Vijay Anand Associates For Respondents :

Mr.J.Pothiraj, Special Government Pleader

O R D E R

[Order was delivered by R.SUBBIAH,J] The petitioner has filed this writ petition seeking issuance

of a Writ of Mandamus directing the respondent to consider his representation dated 25.10.2012 and issue a community certificate to him indicating the community as Hindu Kurumans (ST).

2. According to the petitioner, he belongs to Hindu Kurumans, a scheduled tribe community. Further, according to the petitioner, his close relatives were holding such a community certificate. Petitioner has submitted a representation dated 25.10.2012 to the respondents seeking issuance of a community certificate. The grievance of the petitioner is that despite lapse of six years, till date, no action has been taken. Having no other alternative remedy, petitioner has approached this Court by way of this Writ Petition.

3. Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.

4. Learned Special Government Pleader for the respondents submitted that orders would be passed on the representation of the petitioner, after conducting enquiry, within a period of eight weeks.

5. Learned counsel for the petitioner submitted that already an enquiry has been conducted by Revenue Divisional Officer, Pallavaram and vide communication in U.M.No.1755/2012 dated 27.11.2012, the Revenue Officer, Pallavaram, Alandur Taluk, has recommended to issue Community Certificates as 'Hindu Kuruman's (ST)' to the petitioner.

Considering the facts and circumstances of the case, this Writ Petition is disposed of by directing the respondents to conduct an enquiry based on the recommendation made by the Revenue Officer, Pallavaram, Alandur Taluk, and pass appropriate orders in accordance with law on or before 31.03.2019. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gm To 1.The Social Welfare Department, Fort St.George, Chennai.

2.The Revenue Divisional Officer, Alandur, Chennai.

3.The Tahsildar, Tambaram Taluk Office, Tambaram, Chennai.

+1 cc to M/s.G.Vijay Anand Associates, Advocate Sr.No.14416 +1 cc to The Government Pleader, Sr.No.15154 Writ Petition No.3308 of 2019 CSL/11.03.2019