N.R.Panner Srikaanth v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.4458 of 2022 N.R.Panneer Srikaanth

...Petitioner

vs The District Collector, Chennai District, Singaravelar Maaligai, Chennai - 600 001.

...Respondent

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to issue Hindu Konda Reddis ST Community Certificate to petitioner's two children namely S.P.Hashveen & S.P.Theeptha. For Petitioner : Mr.S.Udhaya Kumar For Respondent : Mr.V.Yamuna Devi Special Government Pleader

ORDER

[Order of this Court was delivered by T.RAJA, J.] Mr.N.R.Panneer Srikaanth, S/o.Late.Ramalingam residing at Door No.3, Police Lane, Saidapet, Chennai - 600 015, has come to this Court seeking issuance of Writ of Mandamus under Article 226 of the Constitution of India to direct the respondent to issue Hindu Konda Reddy ST Community Certificate to his two children, namely, S.P.Hashveen & S.P.Theeptha. 2.Learned Counsel for the petitioner would submit that the petitioner belongs to Hindu Konda Reddy which is classified as Scheduled Tribe. He is having one son and daughter viz., S.P.Hashveen, aged about 17 years and S.P.Theeptha, aged about 14 years. Both are studying XII and VIII standard respectively in Velammal Vidhyalaya School, Alappakkam, Chennai. The petitioner's parents migrated from their native place and settled down in Chennai for more than 60 years ago. The

petitioner has been running a transport contract in Porur, Chennai for the past ten years. He was also born and brought up in Chennai and studied in Model Higher Secondary School, Saidapet, Chennai, during the year 1992. The petitioner and his elder brothers N.R.Satheesh Murthy and N.R.Loganathan have also been issued with ST Community Certificate in the year 1992 from the respondent. Therefore, when the petitioner was issued with Konda Reddy ST Community Certificate and his brothers were also issued with Konda Reddy ST Community Certificate, conducting enquiry for issuance of community certificate to the children of the petitioner is unnecessary. Therefore, the respondent may be directed to issue Hindu Konda Reddy ST Community Certificate to the petitioner's children.

3.Mrs.V.Yamuna Devi, learned Special Government Pleader appearing for the respondent would submit that although the petitioner has been issued with Hindu Konda Reddy ST Community Certificate by the competent authority, that cannot prevent the respondent from conducting fresh enquriy for issuance of community certificate to his children. They are not going to conduct enquiry for issuance of fresh community certificate to the petitioner. Since the request of the petitioner is for issuance of Community Certificate to his children, enquiry is always necessary so that future controversy can be avoided. 4.Agreeing with the submission made by the learned Special Government Pleader, we direct the respondent to consider the request of the petitioner and issue proper certificate based on the result of the enquiry as expeditiously as possible preferably within two months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar srm

To The District Collector, Chennai District, Singaravelar Maaligai, Chennai - 600 001.

+1 Cc to Mr.S.Udhaya Kumar, advocate sr 13592 +1 CC to The Government Pleader sr 14115.

W.P.No.4458 of 2022 PMK(CO) SP(28/03/2022)