P.Siddan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.11552 of 2023 P.Siddan .. Petitioner Vs.

The Revenue Divisional Officer Dharmapuri Dharmapuri District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent to consider the application of the petitioner dated 01.09.2021 and reminder dated 03.02.2023 for the issuance of Community Certificate to the petitioner and his children 1) S.Prabhu, 2) S.Senthil and his grandchildren viz., 3) P.Abishek, 4) P.Dhanushek, 5) S.Mahalakshmi,

6) S.Ratchagan that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner's own sister's sons Arulvel and Dhanasekaran and own brother's sons K.Vijayakanth and K.Jayakanth.

1/6

For Petitioner : Mr.S.Doraiswamy For Respondent : 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 respondent to consider the application of the petitioner dated 01.09.2021 and reminder dated 03.02.2023 for the issuance of Community Certificate to the petitioner, his children and grandchildren that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner's own sister's sons viz., Arulvel and Dhanasekaran and own brother's sons K.Vijayakanth and K.Jayakanth.

2. Heard the learned counsel appearing for the petitioner as well as learned Special Government Pleader appearing for the respondent and perused the entire materials on record.

3. According to the petitioner, he belongs to Kurumans ST community. His own sister and brother's children obtained Kurumans ST 2/6

certificate from the respondent on 04.08.2015 and 16.03.2018 respectively. The petitioner preferred an application to the respondent on 01.09.2021 along with relevant documents requesting to issue community certificate to him, his children and grand children. On 20.09.2021, the respondent forwarded application of the petitioner to the Tahsildar, Pennagaram, to conduct an enquiry and submit a report. Since no action has been taken, the petitioner made a reminder request to the respondent on 03.02.2023. Again on 13.02.2023, the respondent forwarded petitioner's application to the Tahsildar, Pennagaram. However, no action has been taken and hence the petitioner has come out with the present Writ Petition.

4. Considering the nature of relief sought for in the present Writ Petition along with the submissions made on either side, the petitioner is directed to produce the community certificate issued to his brother's sons along with the application and other documents and the respondent is directed to consider the application of the petitioner taking into consideration the documents filed along with the application and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 3/6

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

(V.M.V., J) (V.L.N., J) 24.04.2023 Index : Yes / No kj/krk 4/6

To The Revenue Divisional Officer Dharmapuri Dharmapuri District.

5/6

V.M.VELUMANI,J.

and V.LAKSHMINARAYANAN,J.

Kj/krk Writ Petition No.11552 of 2023 24.04.2023 6/6