S.Amudha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.20123 of 2015 S. Amudha Petitioner vs.

The District Collector District Collector Office Singaravelar Maligai Chennai 600 001 The Personal Assistant to the District Collector of Chennai Chennai - 600 001 The District Revenue Officer The Tahsildar Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to dispose of the application dated 24.07.2013 made by the petitioner's late husband Sankara Narayanan, pertaining to the issuance of ST Hindu Kurumans community certificate to the petitioner's son and daughter, viz., S. Dinesh and S. Saranya.

For petitioner Mr. P. Murali For respondentsMr. R. Rajeswaran Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. R. Rajeswaran, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

The petitioner, who is the wife of late one Sankara Narayanan, has come up with the instant writ petition, seeking a direction to the third respondent to consider the application dated 24.07.2013, filed by her late husband.

On a perusal of the afore-stated application, it is revealed that her late husband had enclosed all the relevant documents, including the caste certificate issued in favour of his father and elder brother. As aforestated, the said application was made way back on 24.07.2013. It appears that the respondents, being unaware of the legal position and the guidelines of the Supreme Court, sat over the said application, without taking any decision. This practice of the authorities, sitting over the file and not considering the application for issuance of community certificate within the specified time is deplorable.

The learned Special Government Pleader submits that if a representation is made by the petitioner, after conducting an enquiry, the application dated 24.07.2013 filed by the petitioner's late husband, along with documents, shall be considered and appropriate orders will be passed within a period of one month. It is accordingly ordered. In the meantime, the petitioner is granted liberty to send a reminder in continuation of the application dated 24.07.2013 filed by her late husband, within a period of one week.

The writ petition stands disposed of with the above observation. Costs made easy.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The District Collector District Collector Office Singaravelar Maligai Chennai 600 001 The Personal Assistant to the District Collector of Chennai Chennai - 600 001 The District Revenue Officer

The Tahsildar +1 cc to Mr.P.Murali, Advocate,Sr.34582 +1 cc to Government Pleader,Sr.34722.

Ak(co) krd 16/7 W.P. No.20123 of 2015