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Madras High CourtWP/13742/2021disposed of

G.Rangarao v. The Revenue Divisional Officer

2021-10-01Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.13742 of 2021 G.Rangarao

...Petitioner

Vs.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pass orders on the application of the petitioner dated 21.12.2020 and reminder dated 17.06.2021 and issue community certificate to the petitioner's children viz., (1) Balaji and (2) R.Pari Mohan that they belong to Kurichchan (ST) Community based upon the community certificate already issued to the petitioner's blood relatives viz., (1) M.Sivakumar, (2) K.Rangadurai, (3) M.Senthil Kumar and (4) M.Sathyarangan which was verified by State Level Scrutiny Committee.

For petitioner : Mr.V.Elangovan For respondent : Ms.Akila Rajendran Govt. Advocate

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J) The petitioner has come forward in this Writ Petition for issuance of a Writ of Mandamus directing the respondent to pass orders on his application of the petitioner dated 21.12.2020 and reminder dated 17.06.2021 and issuance of community certificate to the petitioner's children, based upon the community certificate already issued to his relatives which have been verified by the State Level Scrutiny Committee. https://hcservices.ecourts.gov.in/hcservices/

2. Mr.V.Elangovan, learned counsel appearing for the petitioner would state that the petitioner had already produced sufficient materials before the respondent for issuance of Community Certificate. However, it has been kept pending for above one year. He further added that, it would suffice if a direction is issued to the respondent to pass orders on the application of the petitioner, taking note of the order and the relevant records produced by him.

3. Ms.Akila Rajendran, learned Government Advocate appearing for the respondent, by referring to the counter filed by the respondent, submitted that the petitioner is not entitled for community certificate as Scheduled Tribe and that they belong to Kurichchan (ST) Community.

4. However, considering the prayer sought for in the Writ Petition, this Court, without going into the merits of the matter, directs the respondent to consider the application of the petitioner dated 21.12.2020 and reminder dated 17.06.2020 and pass orders purely on merits in accordance with law, after providing ample opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ub To The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.51187 +1cc to the Government Pleader, S.R.No.52010 W.P.No.13742 of 2021 KG(CO) SU(26/10/2021) https://hcservices.ecourts.gov.in/hcservices/