C.Senthil Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No.14689 of 2022 C.Senthil Kumar ... Petitioner vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer/Sub Collector, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Nallampalli Taluk, Dharmapuri District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in his Proceedings Pa.Mu.A(4)/7395/2021 dated 13.01.2022 and quash the same and consequently directing the respondents to issue Kurichchan Community Certificate to the petitioner and his children namely S.Theekshith and son S.Thikshika Sri that they belong to "Kurichchan (ST) Community". For Petitioner : Mr.K.Mahendran For Respondents: Mr.V.Manoharan, Additional Government Pleader
ORDER
[Order of this Court was delivered by T.RAJA, J.] The petitioner has come to this Court, challenging the impugned Proceedings Pa.Mu.A(4)/7395/2021 dated 13.01.2022 issued by the Revenue Divisional Officer/Sub Collector,
Dharmapuri District, Dharmapuri, the second respondent herein and seeking a direction to the respondents to issue Kurichchan Community Certificate to his children namely, S.Theekshith and S.Thikshika Sri that they belong to "Kurichchan (ST) Community". 2.When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents, showing a copy of the Appeal dated 11.03.2022 filed by the petitioner before the District Collector as against the order passed by the Revenue Divisional Officer, requested this Court to dismiss this petition with a direction to the petitioner to approach the concerned authority, as no parallel two proceedings are permissible.
More particularly, when the alternative and effective statutory remedy is available before the District Collector, the same is being availed of by the petitioner, who cannot invoke Article 226 of the Constitution of India. 3.Learned counsel appearing for the petitioner submitted that the petitioner had received a call letter for selection of Teachers Recruitment Board, Chennai for the post of Lecturer in Chemistry.
4.Recording the submissions made by both the learned counsel, we direct the District Collector, Dharmapuri to consider the pending Appeal filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar vga To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer/Sub Collector, Dharmapuri District, Dharmapuri.
3.The Tahsildar, Nallampalli Taluk, Dharmapuri District.
+1cc to Government Pleader SR.No.47776 W.P.No.14689 of 2022 SR II(CO) GMY(18/07/2022)