G.Kandasamy v. The Revenue Divisionaal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.24726 of 2015 G. Kandasamy Petitioner Vs.

1. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

2. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the application submitted by the petitioner dated 13.08.2014 and to pass appropriate orders for granting ST Kurumans Community Certificate in favour of the petitioner's son K.Damodaran and daughter K. Dharani, within a time frame.

For petitioner Mr. G. Sankaran For respondents Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel on either side, the writ petition is taken up for final disposal, at the admission stage itself.

The instant petition is filed seeking a direction to the respondents to consider the petitioner's application dated 13.08.2014 and to pass appropriate orders for granting Kurumans (ST) Community Certificate in favour of the petitioner's son K.Damodaran and his daughter K. Dharani.

Learned counsel appearing for the petitioner submits that the petitioner made the application on 13.08.2014. The time schedule fixed by the Supreme Court in Kumari Madhuri Patil Vs. Additional https://hcservices.ecourts.gov.in/hcservices/

Commissioner, Tribal Development & Others1 to dispose of the application filed seeking issuance of community certificate is six months. In the petitioner's case, almost one year has gone by since his application, but, no order has been passed on the said application. Hence, this writ petition.

4 Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader appearing for the respondents submits that appropriate decision will be taken and orders will be passed within a period of eight weeks.

On perusal of the records, we notice that the petitioner made the application on 13.08.2014. Thereafter, the competent officer/first respondent, by memorandum dated 19.08.2014, had directed the second respondent to submit a report on proper enquiry. It appears that the enquiry is not yet completed. In such view of the matter, without going into the merits of the case, to sub-serve the interest of justice, we direct the respondents to consider the petitioner's application dated 13.08.2014 and pass appropriate orders on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

The writ petition stands disposed of with the above direction. Costs made easy.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ra To

1. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

2. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

+ 1 cc to the Government Pleader Sr.41892 + 1 cc to Mr.G. Sankaran, Advocate Sr.42658 W.P. No.24726 of 2015 RJ(CO) Eu 14.08.15 (1994) 6 SCC 241 https://hcservices.ecourts.gov.in/hcservices/