A.P. Gowdhamasidharthan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.23351 of 2018 and W.M.P.No.27257 of 2018 A.P.Gowdhama Sidharthan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Department of Revenue, Fort St.George, Chennai-600 009.

2. The District Collector, Villupuram-605 602.

Villupuram District.

3. The Tahsildar, Sankarapuram, Villupuram District.

PIN.606 401.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the third respondent herein to issue Hindu Adi Dravidar Scheduled Caste (SC) Community Certificate to the petitioner's minor daughter Anichilambu, aged about 16 years.

For petitioner : Mr.S.Arunkumar For respondents : Mr.I.Sathish, Addl.G.P.

ORDER

(The Order of the Court was made by R.Subbiah, J) The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the third respondent herein to issue Hindu Adi Dravidar Scheduled Caste (SC) Community Certificate to the petitioner's minor daughter Anichilambu, aged about 16 years.

2. Learned counsel for the petitioner submitted that the petitioner and his wife belong to Scheduled Caste Community. The grievance of the petitioner is that he has made various representations to the respondents seeking issuance of Community Certificate for his daughter, indicating the abovesaid Community and that the said representations have not yet been disposed of. Though very many contentions are raised in this Writ Petition, learned counsel for the petitioner submitted that the petitioner would be satisfied, if one of such representation, dated 01.03.2018 is directed to be disposed of by the respondents. Since the petitioner is handicapped without the Community Certificate for his daughter, he is unable to apply school admission for his daughter. Hence, the petitioner has filed the above Writ Petition for the relief stated supra.

3. Heard both sides and perused the materials available on record.

4. Taking into consideration the above submissions made by the learned counsel for the petitioner, without going into the merits of the claim made by the petitioner, this Court directs the respondents to consider the said representation of the petitioner, dated 01.03.2018, conduct enquiry, afford an opportunity of personal hearing to the petitioner and other necessary parties, if any, and pass appropriate orders and dispose of the said representation, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the respondents to decide the same at the time of disposal of the said representation purely on merits.

5. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar cs To

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Department of Revenue, Fort St.George, Chennai-600 009.

2. The District Collector,Villupuram-605 602. Villupuram District.

3. The Tahsildar, Sankarapuram, Villupuram District.

PIN.606 401.

+1cc to M/s.S.Arunkumar, Advocate SR.NO.62741 +1cc to Government Pleader SR.NO.63423 NRI(CO) sm:27.9.2018 W.P.No.23351 of 2018