Madras High CourtWP/13472/2021disposed of

S.Janani v. The District Collector

2021-07-07Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.13472 of 2021 and W.M.P.No.14340 of 2021 S.Janani

...Petitioner

Vs 1.The District Collector Thiruvallur District Thiruvallur.

2.The Tahsildhar Gummidipoondi Taluk Thiruvallur District Thiruvallur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's Application dated 24.02.2021 in accordance with law and to issue B.C.(non creamy layer) certificate to the petitioner.

For Petitioner : Mr.G.A.Thiyagarajan For Respondents : Mr.Stalin Abimanyu, GA

ORDER

According to the petitioner, she made an application dated 24.02.2021 enclosing all the required documents, to the second respondent, requesting to issue a B.C (non creamy layer) certificate, for the purpose of availing educational benefits from the Government. Though the said application was received on 25.02.2021, no steps have been taken by the second respondent, till date. Therefore, the petitioner has preferred this writ petition for a mandamus directing the second respondent to consider the said application in accordance with law and issue a BC (non creamy layer) certificate to her.

2.When the matter was taken up for consideration, the learned Government Advocate appearing for the respondents submitted that the petitioner has made an improper claim, which https://hcservices.ecourts.gov.in/hcservices/

cannot be considered by the second respondent. However, the learned counsel submitted that if the petitioner submits a fresh application with proper claim, the same would be considered by the second respondent, on merits, within a time frame to be stipulated by this court.

3.The learned counsel appearing for the petitioner has agreed upon the submission so made by the learned Government Advocate appearing for the respondents.

4.Having regard to the submissions so made by the learned counsel on either side, this Court directs the petitioner to submit a fresh application with proper claim enclosing the supportive documents, to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the second respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of two weeks thereafter. 5.With the aforesaid directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kj To

1. The District Collector Thiruvallur District Thiruvallur.

2. The Tahsildhar Gummidipoondi Taluk Thiruvallur District Thiruvallur.

+1cc to the Government Pleader, Sr.32024 W.P.No.13472 of 2021 EV[co] NSK 06/09/2021 https://hcservices.ecourts.gov.in/hcservices/