S.Sivalingam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN S.Sivalingam .. Petitioner Vs.

The Revenue Divisional Officer Dharmapuri Dharmapuri District .. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to issue community certificate to the petitioner's children namely S.Bhavadharani and S.Dinesh Kumar and his wife namely C.Punithavalli that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner and his family members viz., 1. Dheenadhayalan (State Committee report of petitioner's father's sister's grandson), 2. Nagendiran (community certificate of petitioner's own sister's son),

3. C.Madhesh and 4. C.Latha (community certificate of petitioner's wife's own brother and sister).

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For Petitioner : Mr.S.Doraisamy For Respondent : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was made by V.M.VELUMANI, J.) The petitioner has come out with the present writ petition for a direction to the respondent to issue community certificate to his wife and children, upon considering his application dated 28.12.2018.

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

3. According to the petitioner, he belongs to "Kurumans" (ST) community and obtained Community Certificate from the respondent on 26.07.1996. Since Community Certificate is required for his children education, the petitioner submitted an application to the respondent on 28.12.2018, requesting issuance of community certificate. In support of his claim, he also enclosed his father's own 2/4

sister's grandson Dheenadhayalan's community certificate dated 06.03.1997, which was verified by the State Level Scrutiny Committee and certified to be genuine on 24.03.2023. Since no certificate has been issued by the respondent, the petitioner has come out with the present Writ Petition.

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

5. Considering the nature of relief sought for in the present writ petition, the respondent is directed to consider the petitioner's application along with the documents filed for issuance of community certificate on merits and pass orders in accordance with law after giving opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. (V.M.V.,J.) (V.L.N.,J.) 27.04.2023 Index : Yes/No gya 3/4

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya To The Revenue Divisional Officer Dharmapuri Dharmapuri District 27.04.2023 4/4