Y.S.Pritika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Nos.9693 & 9694 of 2023 W.P.No.9693 of 2023 1.Y.S.Pritika 2.Y.S.Varshita (Petitioners 1 & 2 represented by their natural guardian & mother M.D.Yamini) .. Petitioners Vs.
.. Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to issue the Community Certificate in the light of the petitioners Application Nos.TN5202111257778 and TN5202111267442. W.P.No.9694 of 2023 1.R.P.Rakshidh 2.R.P.Lakshanya (Petitioners 1 & 2 represented by their natural guardian & mother N.Dhivya) .. Petitioners Vs.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 2/6
respondents to issue the Community Certificate in the light of the petitioners Application Nos.TN5202203152689 and TN5202203152616. In both WPs.
For Petitioners : Mr.Meiyappan Mohan For R1 to R3 : Mr.A.Selvendran Special Government Pleader C O M M O N O R D E R (Order of the Court was delivered by V.M.VELUMANI,J.) The petitioners have come out with the present Writ Petitions for a direction to the respondents to issue the Community Certificates in the light of the petitioners' Applications.
2. By consent of both the learned counsel appearing for the petitioners as well as Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 3, the Writ Petitions are taken up for final disposal at the stage of admission itself.
3. Heard the learned counsel appearing for the petitioners as well as the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the entire materials on record. 3/6
4. The issues involved in both the Writ Petitions are one and the same and hence, they are disposed of by this common order.
5. According to the petitioners in both the Writ Petitions, the marriage of their parents are inter-caste marriage. In W.P.No.9693 of 2023, the mother of the petitioners belongs to Hindu Konda Reddy Scheduled Tribe community and the father belongs to Hindu Reddy (Ganjam) Backward Community. In W.P.No.9694 of 2023, mother of the petitioners belongs to Hindu Reddy (Ganjam) Backward Community and the father belongs to Hindu Konda Reddy Scheduled Tribe community. Both the families decided to follow the customs of the Hindu Konda Reddy Scheduled Tribe community and bringing up their children as per the customs followed in Hindu Konda Reddy Scheduled Tribe community. In W.P.No.9693 of 2023, the mother has given application through Online to the 3rd respondent Tahsildar for issue of Konda Reddy community certificate. In W.P.No.
9694 of 2023, from the application filed in the typed set of papers, it is seen that petitioners have given applications to the 3rd respondent Tahsildar. Learned counsel appearing for the petitioners submitted that the petitioners have given application to 2nd respondent, Revenue Divisional Officer.
community certificates. The authority to issue Scheduled Tribe community certificate is the Revenue Divisional Officer, 2nd respondent. The petitioners have not given any applications to the 2nd respondent for issuance of community certificates. In view of the same, the petitioners are directed to give applications to the 2nd respondent for issuance of community certificates to them along with all the supporting documents.
6. Learned counsel appearing for the petitioners submitted that the petitioners will make applications by tomorrow itself i.e., 30.03.2023 to the 2nd respondent along with supporting documents. If any such applications are received, the 2nd respondent is directed to consider the same on merits and pass orders in accordance with law, after giving opportunity to the petitioners, within a period of four weeks thereafter.
7. With the above directions, both the Writ Petitions are disposed of. No costs.
(V.M.V., J) (V.L.N., J) 29.03.2023 (2/2) Index : Yes / No kj 5/6
V.M.VELUMANI,J.
and V.LAKSHMINARAYANAN,J.
Kj To Writ Petition Nos.9693 & 9694 of 2023 29.03.2023 (2/2) 6/6