R.Devi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI R. Devi ... Petitioner Vs.

1. The District Collector O/o. Collectorate Dharmapuri Dharmapuri District.

2. The District Collector, Office of the Collectorate, Kallakurichi District, Kallakurichi.

3. The Sub Collector, Dharmapuri District, Dharmapuri.

4. The Sub Collector, Kallakurichi District, Dharmapuri.

5. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

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6. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kallakurichi, Kallakurichi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the second respondent to consider and dispose the petitioner's online application dated 21.09.2022 vide Application No. TN-5202209219360 pending on the file of 4th respondent.

For Petitioner : Mr. J. Arul Prakasam & Mr. Indiyan For Respondents : Mrs. R. L. Karthika Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mrs. R.L. Karthika, learned Government Pleader, on instructions, submitted before this Court that the online application submitted by the petitioner has been rejected by the respondents on the ground that she has not furnished the residence certificate and community certificate along with the application.

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2. On perusal, it is found that no reason has been stated in the rejection order. In the remarks column of the said rejection order, it is only stated that need more proof, except this no other reason has been stated in the said remarks column. Therefore, the petitioner is not aware on what ground her application has been rejected by the respondents. Therefore, we are of the view that respondents should have given proper reason for rejecting the said online application.

3. The learned counsel for the petitioner submitted that the petitioner has agreed to re-submit the application and furnish all the documents to the respondents for issuing the community certificate.

4. In view of the aforesaid statement made by the learned counsel for the petitioner, the petitioner is permitted to re-submit the application along with necessary documents as required by the respondents within a period of one week from the date of receipt of a copy of this order. On receipt of the said application, the respondents have to take immediate action to consider the said application and pass appropriate orders within a period of twelve weeks thereafter. It is needless to say that in case of the rejection of the said application, reasoned order to be passed. 3/6

5. With the above directions, the writ petition stands disposed of. No costs.

(D.K.K., J.) (K.G.T., J.) 17.03.2023 Intex : Yes/No Internet : Yes/No mrn Note: Issue Order Copy on 21.03.2023 4/6

To

1. The District Collector O/o. Collectorate Dharmapuri Dharmapuri District.

2. The District Collector, Office of the Collectorate, Kallakurichi District, Kallakurichi.

3. The Sub Collector, Dharmapuri District, Dharmapuri.

4. The Sub Collector, Kallakurichi District, Dharmapuri.

5. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

6. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kallakurichi, Kallakurichi District.

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D.KRISHNAKUMAR, J.

and K.GOVINDARAJAN THILAKAVADI , J.

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