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Madras High CourtWP/6172/2019disposed of

B.Srinivasan v. The Sub Collector,

2019-03-11Honourable Mr Justice R.Subbiah,Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.6172 of 2019 B.Srinivasan .. Petitioner Vs.

The Sub-Collector, Tirupattur, Vellore District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent to pass orders on the application of the petitioner, dated 27.02.2017 and issue Community Certificate to the petitioner and his sons and grandsons viz., 1.S.Sasimoorthy, 2.S.Saravanan, 3.S.Ashok, 4.Dharshan, 5.Rakesh and 6.Yokesh that they belong to Kurumans (ST) after obtaining the report from the authorised Anthropologist in respect of Kurumans (ST) Community. For petitioner : Mr.S.Doraisamy For respondents : Mr.J.Pothiraj, Spl.G.P.

ORDER

(The Order of the Court was made by R.Subbiah,J) The petitioner has come forward with the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent to pass orders on the application of the petitioner, dated 27.02.2017 and issue Community Certificate to the petitioner and his sons and grandsons viz., 1.S.Sasimoorthy, 2.S.Saravanan, 3.S.Ashok, 4.Dharshan, 5.Rakesh and 6.Yokesh that they belong to Kurumans (ST) after obtaining the report from the authorised Anthropologist in respect of Kurumans (ST) Community.

2. Though very many contentions have been raised by the learned counsel for the petitioner, ultimately, the prayer of the petitioner is only to issue a Mandamus to direct the respondent to pass orders on the said application of the petitioner, dated 27.02.2017 with regard to the community status of the petitioner and his sons and grandsons. https://hcservices.ecourts.gov.in/hcservices/

3. Since the scope of the prayer made in the Writ Petition is very limited, we are not traversing into the other averments made in the Writ Petition. Considering the submissions made on either side, this Court directs the respondent to consider the said application of the petitioner, dated 27.02.2017 with regard to issuance of Community Certificates to the petitioner and his sons and grandsons and pass appropriate orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner. It is made clear that this Court has not dealt with the merits of the matter and it is purely for the respondent to consider the same while disposing of the said application.

4. With the above observations and directions, this Writ Petition is disposed of. No Costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To The Sub-Collector, Tirupattur, Vellore District.

+1 CC to Mr.S.Doraisamy, Advocate sr 22571.

+1 CC to Govt. Pleader sr 23187.

W.P.No.6172 of 2019 SP(15/03/2019) https://hcservices.ecourts.gov.in/hcservices/