N.Mageshkumar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.11385 of 2023 N.Mageshkumar .. Petitioner Vs.

1.The Revenue Divisional Officer Vellore Vellore District.

2.The Director Tribal Research Centre M.Palada, Ooty The Nilgiris-643 004.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st respondent to issue a community certificate to the petitioner to the effect that the petitioner belongs to "Kurumans" Scheduled Tribe. 1/5

For Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.A.Selvendran Special Government Pleader

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 1st respondent to issue a community certificate to the petitioner to the effect that the petitioner belongs to "Kurumans" Scheduled Tribe community.

2. By consent of the learned counsel appearing for the petitioner as well as Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel appearing for the petitioner as well as learned Special Government Pleader appearing for the respondents and perused the materials on record.

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4. Learned counsel appearing for the petitioner submitted that the petitioner belongs to Kurumans ST community. He has made application to the 1st respondent for issuance of Kurumans ST certificate. The 1st respondent by the letter dated 06.12.2021 requested the 2nd respondent to enquire and send the report. The 1st respondent also sent a reminder on 09.05.2022. The 2nd respondent has sent a report dated 13.10.2022 to the 1st respondent. In spite of the same, the 1st respondent has not issued community certificate to the petitioner and hence the petitioner has come out with the present Writ Petition.

5. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents submitted that report from the 2nd respondent is awaited. As and when report is submitted by the 2nd respondent, the 1st respondent will consider the application of the petitioner and pass orders on merits and prayed for passing suitable orders.

6. Considering the above submissions, even though the petitioner is seeking larger relief, it is suffice to direct the 2nd respondent to send the report and on receipt of the same, the 1st respondent is directed to 3/5

consider the application of the petitioner taking into consideration the report of the 2nd respondent and pass orders on merits and in accordance with law, as expeditiously as possible.

7. With the above directions, the Writ Petition is disposed of. No costs.

(V.M.V., J) (V.L.N., J) 13.04.2023 Index : Yes / No kj To 1.The Revenue Divisional Officer Vellore Vellore District.

2.The Director Tribal Research Centre M.Palada, Ooty The Nilgiris-643 004.

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V.M.VELUMANI,J.

and V.LAKSHMINARAYANAN,J.

Kj Writ Petition No.11385 of 2023 13.04.2023 5/5