K.Uthirasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Uthirasamy .. Petitioner vs.

1.The District Collector Salem District Salem 2.The Block Development Officer Kolathur Panchayat Union, Kolathur, Salem 3.Selvi President, Pannavadi Panchayat, Pannavadi, Salem.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to forbear the 3rd respondent from functioning as President of the Pannvadi Panchayat for having falsely represented her caste status in the light of the objections/representations dated 05.01.2020 made by the petitioner.

For the Petitioner : Mr.V.Rajinikanth For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent No.1 : Mr.V.Jayaprakash Narayanan for respondent No.2 : Mr.J.Ramakrishnan for respondent No.3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.V.Rajinikanth, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for respondent No.1; Mr.V.Jayaprakash Narayanan, learned counsel for respondent No.2; and, Mr.J.Ramakrishnan, learned counsel for respondent No.3.

2. Learned counsel for the petitioner submits that the application for issuance of the community certificate filed by the son of the third respondent is rejected holding that he does not belong to the

Scheduled Tribe community. In view of that, the third respondent cannot claim to belong to the Scheduled Tribe community. The third respondent was elected as President for the seat reserved for the Scheduled Tribe community.

3. Learned counsel for the third respondent submits that the community certificate was issued to the third respondent in the year 1986 and the same is not cancelled and is still intact.

4. It is for the aggrieved party to take steps if the community certificate of the third respondent is erroneously granted. In the present writ petition the grievance of the petitioner with regard to the post held by the third respondent cannot be considered.

5. The writ petition, as such, is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No

:

Yes/No bbr

To 1.The District Collector Salem District Salem 2.The Block Development Officer Kolathur Panchayat Union, Kolathur, Salem

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 12.01.2024