G.Mangai v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.8994 of 2017 G.Mangai

...Petitioner

Vs.

The Revenue Divisional Officer, Harur, Dharmapuri District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the respondent to issue community certificate to the petitioner that she belongs to "Kurumans (ST) community" as per the application dated 07.10.2016 based upon the community certificate already issued to the petitioner's father's sister's son P.Sakthivel which was verified by the State Level Scrutiny Committee in proceedings No.12227/CVIII/2007 dated 17.12.2013. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.K.Thananjeyan, Special Government Pleader

O R D E R

K.K.SASIDHARAN,J.

The petitioner submitted application before the Revenue Divisional Officer, Harur on 7 October 2016, requesting to issue Community Certificate, indicating that she belong to "Kurumans", which is a notified Schedule Tribe Community. Since follow up action was not taken by the Revenue Divisional Officer, the petitioner was constrained to file this writ petition.

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

3. The Revenue Divisional Officer, Harur, is directed to consider and dispose of the application submitted by the https://hcservices.ecourts.gov.in/hcservices/

petitioner, dated 7 October, 2016 for Community Certificate on merits and as per law. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4. We make it clear that this direction is issued on account of the pendency of the application and it should not be construed to be an expression of opinion on the merits of the matter. In short, the application, should be decided in accordance with law and in the light of the settled legal principles in the matter governing the issuance of Scheduled Tribe Certificate.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To The Revenue Divisional Officer, Harur, Dharmapuri District.

+1cc to Mr.Doraisamy, Advocate, S.R.No.22554 +1cc to the Government Pleader, S.R.No.22833 W.P.No.8994 of 2017 NR(CO) RS(08/05/2017) https://hcservices.ecourts.gov.in/hcservices/