Madras High CourtWP/16538/2014disposed of

S.Akila, v. The Revenue Divisional Officer

2016-11-15Honourable Mr Justice V. Parthiban,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.16538 of 2014 S.Akila ... Petitioner Vs.

The Revenue Divisional Officer Attur, Salem District ... Respondent Writ Petition filed under Article226 of the Constitution of India, praying for a writ of Certiorarified Mandamus calling for the records relating to the rejection order of the respondent in Na.Ka. 1178/2014/A3 dated 13.06.2014 quash the same and direct the respondent to issue Community Certificate to the petitioner's children 1. S.Arjun and 2. S.Harini that they belong to Urali (ST) Community.

For Petitioner : Mr.M.P.Vairakannan for Mr.S.Doraisamy For Respondent : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

ORDER

(Order of the Court was made by Huluvadi G.Ramesh,J.) Heard Mr.M.P.Vairakannan, learned counsel for the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader representing the respondent.

2. The petitioner, challenges the impugned rejection order passed by the respondent dated 13.06.2014, in rejecting the request made by the petitioner to issue community certificate to her children viz., 1.S.Arjun and 2. S.Harini, stating that they belong to 'Kurichchan' (ST) community.

3. Admittedly, as against the impugned rejection order passed by the respondent, as per the Circular issued by the State https://hcservices.ecourts.gov.in/hcservices/

Government in G.O.(Ms)No.147, Revenue [RA-3(2)] Department dated 17.03.2016, appeal remedy is available to the petitioner before the Appellate Authority, viz., District Collector concerned and if she is still aggrieved by the order passed by the District Collector, the petitioner has got a further remedy of revision, before the State Level Scrutiny Committee.

4. In view of the same, the petitioner is directed to approach the Appellate Authority, viz., the District Collector concerned, by way of an appeal, as against the impugned rejection order passed by the respondent, within a period of one month from the date of receipt of a copy of this order. On such approach being made by the petitioner, it is for the authority concerned to enquire into the matter and pass appropriate orders thereon, in accordance with law, within a period of two months, thereafter, after affording an opportunity of hearing to the petitioner.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nvsri To 1.The Revenue Divisional Officer Attur, Salem District.

2.The District Collector, Salem District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.66000 W.P.No.16538 of 2014 SR(CO) CA(14/12/2016) https://hcservices.ecourts.gov.in/hcservices/