R.Sivasankaran, 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.3311 of 2019 and W.M.P.No.3582 of 2019 R.Sivasankaran S/o.Ranganathan

...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 and vide communication in O.M.7724/2012/AA2 dated .02.2013, the Taluk Officer, Alandur, 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 Taluk Officer, Alandur, and pass appropriate orders in accordance with law on or before 31.03.2019. No costs. Consequently, the 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.3311 of 2019 CSL/11.01.2019