K.Monicka v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 7-7-2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.16380 of 2015 K. Monicka ... Petitioner Vs.

1.

The District Collector, Office of the District Collector, Salem District, Salem.

The Revenue Divisional Officer, Office of the Revenue Divisional Office, Salem District.

The Tahsildar, Yercaud Tahsildhar Office, Yercaud Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to forthwith consider petitioner's representations dated 20.5.2012 submitted with reference to issuance of ST community certificate to the petitioner that she belongs to Hindu Malayali community, which is classified as Scheduled Tribe by the Government of Tamilnadu. For petitioner :

Mr.K.Suthan For Respondents :

Mr.R.Rajeswaran, Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of both parties, this writ petition is taken up for final disposal.

Petitioner, stated to be a Scheduled Tribe Hindu Malayali, made an application on 20.5.2012 for issuance of community certificate. However, till date no decision has been taken on the said application and as such a direction is sought to be issued to the second respondent to consider the said application and issue necessary certificate.

On perusal of the application of the petitioner, we noticed that the petitioner has not enclosed any document in respect of her claim for issuance of community certificate, though it is the case of the petitioner that she had already filed relevant documents. 4.

Without going into the claim of the petitioner in respect of filing of requisite documents, we reserve liberty to the petitioner to file relevant documents, if not filed already. If the relevant documents are already on file, the second respondent is directed to examine the said documents and after affording opportunity of hearing as required under the scheme, take a decision in accordance with law on its own merit, within a period of four weeks from the date of receipt of copy of this order.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vr To 1.

The District Collector, Office of the District Collector, Salem District, Salem.

The Revenue Divisional Officer, Office of the Revenue Divisional Office, Salem District.

The Tahsildar, Yercaud Tahsildhar Office, Yercaud Taluk, Salem District.

+1cc to Mr.K.Suthan, Advocate, S.R.No.33770 +1cc to the Government Pleader, S.R.No.33968 W.P. No.16380 of 2015 MSM(CO) CA(14/07/2015)