D.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA D.Gopal .. Petitioner Vs.

1.The District Collector, Tiruvallur District Collectorate, Tiruvallur.

2.The Revenue Divisional Officer, Ambattur, Tiruvallur District.

3.The Tahsildhar, Ambattur Taluk, Ambattur, Chennai - 600 053.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd Respondent to forthwith conduct an enquiry on petitioner's Online Application dated 31.03.2022 seeking Community Certificate and issue Community Certificate to petitioner's son D.Abhiram, by mentioning petitioner Community / Caste as 'Vannan', which is notified by the Tamil Nadu Government, as Most Backward Community (MBC). 1/5

For Petitioner : Mr.B.Harikrishnan For Respondents : Mr.C.Jayaprakash Government Advocate

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the 3rd respondent to forthwith conduct an enquiry on petitioner's online application dated 31.03.2022 seeking Community Certificate and issue Community Certificate to his son D.Abhiram, by mentioning petitioner's Community / Caste as 'Vannan', which is notified by the Tamil Nadu Government, as Most Backward Community (MBC). 2.According to the petitioner, he is native of Gadwal Village & Mandal, Mahabubnagar District, Telangana (previously Andra Pradesh). He belongs to a community called 'Chakali' which is popularly known as 'Dhobi' / 'Washerman'. According to him, the said community is notified as Most Backward Community in the State of Telangana. The petitioner along with his family migrated to Chennai in the year 2010 and settled down at No.7/107, Tirumalai Priya Nagar, 6th Street, Pudur, Ambattur, Chennai - 600 053, which is his permanent address. He and his wife are doing work of washing and ironing clothes. He applied for issuance of Community 2/5

Certificate for his son D.Abhiram to the 3rd respondent that he belongs to 'Vannar' Community, which is notified as Most Backward Community (MBC). The 3rd respondent returned the said application of the petitioner by stating that "Need Community Certificate Proof' and another subsequent endorsement "Need VAO / RI direct enquiry". According to the petitioner, the 3rd respondent has not conducted any enquiry and issued community certificate. Hence, the petitioner has come out with the present Writ Petition.

3.Mr.C.Jayaprakash, learned Government Advocate appearing for the respondents submitted that the petitioner has produced a community certificate issued to him to show that he belongs to 'Chakali' which is declared as Backward Community. After conducting enquiry, the petitioner's representation will be considered based on the circular issued by the Union of India dated 08.04.1994 within the time frame fixed by this Court.

4.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the entire materials on record.

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5.Considering the above submissions of the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents, without deciding the matter on merits, the 3rd respondent is directed to conduct an enquiry after giving opportunity of personal hearing to the petitioner to produce all the certificates relied on by him and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above directions, the Writ Petition is disposed of. No costs.

(V.M.V., J) (R.H., J) 15.12.2022 krk Index : Yes / No Internet : Yes / No To 1.The District Collector, Tiruvallur District Collectorate, Tiruvallur.

2.The Revenue Divisional Officer, Ambattur, Tiruvallur District.

3.The Tahsildhar, Ambattur Taluk, Ambattur, Chennai - 600 053.

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V.M.VELUMANI, J.

and R.HEMALATHA, J.

krk 15.12.2022 5/5