Kruthika Devi, B.M., v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.05.2017
CORAM
The Hon'ble Mr.JUSTICE R.MAHADEVAN and The Hon'ble Mr.JUSTICE M.GOVINDARAJ W.P.No.12786 of 2017 B.M.Kruthika Devi .. Petitioner -vsThe Sub Collector, Hosur, Krishnagiri District.
.. Respondent Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent Sub Collector to consider the statements and documents given in the repeated enquiries dated 29.02.2016, 30.09.2016, 17.04.2017 and 08.05.2017 and to issue Konda Reddis Community Certificate to the petitioner within a time frame that may be fixed by this Hon'ble Court.
For Petitioner : Mr.P.T.Perumal For Respondents : Mr.M.K.Subramanian, Government Pleader
O R D E R
(Order of the Court was made by M.Govindaraj, J.) The writ petition is preferred for a direction directing the respondent to issue Konda Reddis (ST) Community Certificate to the petitioner within a time frame.
2. It is the case of the petitioner that her father belongs to Konda Reddy community, which is recognised as Scheduled Tribe and Konda Reddis Community Certificate was issued by the respondent on 07.07.1990 after a long legal fight. The petitioner's younger brother was also issued with Konda
Reddis Community Certificate on 25.08.2015 by the respondent pursuant to the order passed by this Court in W.P.No.17180 of 2014 dated 30.04.2015. Thereafter, the petitioner's father submitted an application for issuance of Konda Reddis (ST) Community Certificate in favour of the petitioner on 10.09.2015. The respondent directed the petitioner's father to appear for enquiry on 29.03.2016 after several reminders. The petitioner's father has also appeared before the respondent along with necessary documents such as ration card; transfer certificate of the petitioner; community certificate dated 07.07.1990 issued in favour of Dr.P.M.Muni Reddy; order passed by the High Court in W.P.No.17180 of 2014 dated 30.04.2015 and the Community Certificate issued to the brother of the petitioner. Again another enquiry notice dated 21.09.
2016 was issued by the respondent for enquiry scheduled on 30.09.2016. There is also yet another notice for enquiry served on the father of the petitioner on 05.04.2017 instructing him to appear for enquiry on 17.04.2017. Another fresh notice dated 04.05.2017 was issued by the respondent for enquiry scheduled on 08.05.2017. The respondent is going on conducting enquiry endlessly from 29.03.2016 and yet no Community Certificate was issued to the petitioner. According to the petitioner, her brother was issued with Konda Reddis (ST) Community Certificate pursuant to the order of this Court. Therefore, the petitioner seeks for a direction directing the respondent to issue Konda Reddis (ST) Community Certificate in favour of her.
3. Heard Mr.P.T.Perumal, learned counsel appearing for the petitioner and Mr.M.K.Subramanian, learned Government Pleader appearing for the respondent.
4. After considering the matter on hand, we deem it appropriate to direct the respondent to complete the enquiry and consider the case of the petitioner on the basis of the documents submitted by the petitioner's father within in a period of four (4) weeks from the date of receipt of a copy of this order.
5. The writ petition, accordingly, stands disposed of. No costs.
Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar bbr
To
1. The Sub Collector, Hosur, Krishnagiri District.
+2cc to M/s.P.T.Perumal, Advocate, S.R.No.37543 +1cc to the Government Pleader, S.R.No.37697 W.P.No.12786 of 2017 skv(co) CS/26/05/17