K.Suresh Babu v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.7326 of 2019 K.Suresh Babu .. Petitioner Vs.

1. The Collector, Nagapattinam District.

2. The Revenue Divisional Officer, Nagapattinam District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider the appeal dated 24.12.2018 and to issue Community Certificate to the petitioner's children viz., S.Yuvaraj and S.Sanjay Kumar that they belong to "Kattunayakan (ST) Community" based upon the Community Certificate already issued to the petitioner and his father and other family members. For petitioner : Mr.S.Doraisamy For respondents : Mr.D.Raghu, Govt. Advocate

ORDER

(The Order of the Court was made by R.Subbiah,J) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to consider the appeal dated 24.12.2018 and to issue Community Certificate to the petitioner's children viz., S.Yuvaraj and S.Sanjay Kumar that they belong to "Kattunayakan (ST) Community" based upon the Community Certificate already issued to the petitioner and his father and other family members.

2. Though very many contentions have been raised in this Writ Petition, ultimately, the prayer of the petitioner is only to give a direction to the first respondent to consider the appeal, dated 24.12.2018, which was filed against the order passed by the second respondent, within a time bound manner. Since the scope of the prayer in the Writ Petition is limited, without traversing into the averments made in the Writ Petition, this Court directs the first respondent to dispose of the appeal https://hcservices.ecourts.gov.in/hcservices/

dated 24.12.2018, 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 considered the merits of the matter and it is for the respondents to consider the same at the time of disposing of the appeal.

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

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar cs To

1. The Collector, Nagapattinam District.

2. The Revenue Divisional Officer, Nagapattinam District.

+1 CC to Mr.S.Doraisamy, Advocate sr 3674.

+1 CC to Govt. Pleader sr 24758 W.P.No.7326 of 2019 RSI(CO) SP(11/04/2019) https://hcservices.ecourts.gov.in/hcservices/