K.Gnanavel v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2021

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V. THAMILSELVI W.P. No. 6103 of 2021 K. Gnanavel ..Petitioner Vs.

The Revenue Divisional Officer, Villupuram, Villupuram District.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondent viz., the Revenue Divisional Officer, Villupuram to enquire with the petitioner's representation dated 07.12.2020 seeking issuance of community certificate (Scheduled Tribe - Hindu Malaikuravan Community) for his children viz. G. Sathish and G. Sujitha and on satisfaction, consequently issue the said community certificate (ST).

For Petitioner ::

Ms.T.Madhumitha For Respondent ::

Mr.S. Kamalesh Kannan, Govt. Advocate

O R D E R

(Order of the Court was made by N.KIRUBAKARAN,J.) The matter is heard through videoconferencing. 2.

This writ petition has been filed for issue of a Writ of Mandamus directing the respondent viz., the Revenue Divisional Officer, Villupuram to enquire with the petitioner's representation dated 07.12.2020 seeking issuance of community certificate (Scheduled Tribe - Hindu Malaikuravan Community) for his children viz. G. Sathish and G. Sujitha and on satisfaction, consequently issue the said community certificate (ST). 3.

The petitioner contends that he belongs to "Hindu Malai Kuravan" community, which is a Scheduled Tribe. The petitioner was born and brought up at Chitherikarai Village, Villupuram Taluk and District and he moved to Chromepet for his livelihood and he is residing in the same place for the past 27 years. The https://hcservices.ecourts.gov.in/hcservices/

petitioner approached the Revenue Divisional Officer, Tambaram for issuance of community certificate to his children. However, the said officer asked the petitioner to approach the original authority, who has got jurisdiction over his place of birth. Accordingly, the petitioner approached the Revenue Divisional Officer, Villupuram Taluk and submitted a representation for issuance of community certificates to his children on 07.12.2020. Eventhough more one year has elapsed, the said representation has not been disposed of, which compelled the petitioner to approach this Court.

4.

Heard Ms.T. Madhumitha, learned counsel for the petitioner and Mr.S. Kamalesh Kannan, learned Government Advocate for the respondent.

5.

Learned Government Advocate would submit that the application of the petitioner is still pending with the respondent. He would also submit that the Revenue Divisional Officer, Villupuram Taluk, by his proceedings dated 26.02.2021 in Na.Ka.A5/4457/2021 had already directed the Tahsildar concerned to complete the enquiry and that proper enquiry through proper channel is being conducted.

6.

In view of the aforesaid steps taken by the authorities, this Court directs the respondent to conduct the enquiry properly and consider the petitioner's claim and pass appropriate orders as per law within a period of 12 weeks from the date of receipt of a copy of this order.

7.

The writ petition is disposed of accordingly. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Revenue Divisional Officer, Villupuram, Villupuram District.

+1 CC to Ms.T. Madhumitha, Advocate sr 23583. W.P. No. 6103 of 2021 GPL(CO) SP(19/05/2021) https://hcservices.ecourts.gov.in/hcservices/