M.Anbarasan, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18735/2016 M.Anbarasan ... Petitioner

Versus

1.The Chief Secretary to Government Union of India, Government of Puducherry Puducherry.

2.The Tahsildar Villianur Taluk, Vilianur, Puducherry.

3.The Superintendent of Police [Head Quarters], Puducherry.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the 2nd respondent to pass orders on the application of the petitioner dated 07.03.2016 by granting Residence Certificate of continuous residence of 5 years at Vadanur village, Puducherry.

For Petitioner :

Mr.Bharatha Chakravarthy for M/s.Sai Bharath & Ilan For Respondents :

Mr.A.Tamilvanan, GA [Pondy]

O R D E R

By consent, the writ petition is taken up for final disposal.

The petitioner claims that he is a native of Puducherry and his parents are permanent residents of Vadanur Village, Puducherry and they have been issued with Ration Card, Voter ID Cards, Aadhar Cards, Small Farmer ID Cards and also having Bank accounts. The petitioner has also been issued with an Aadhar Card bearing No.5964 9190 3338, which also discloses that the petitioner is the permanent resident of Door No.17, Pillayar Koil Street, Kalathumedu, Vadanur, Puducherry 605501. The grievance expressed by the petitioner is that in respect of the Notification issued by the 3rd

respondent calling for selection to 450 posts of Home Guards on daily wage basis, the petitioner applied for the said post and was found to be successful and however, for the purpose of getting appointment, he has to produce the Residence Certificate and in this regard, he has submitted an application on 07.03.2016 to the 2nd respondent, praying for issuance of Residence Certificate and since no orders have been passed, the petitioner came forward to file this writ petition.

Mr.Bharatha Chakravarthy, learned counsel for the petitioner would submit that the petitioner, in the typed set of documents filed in support of this writ petition, has enclosed voluminous documents to show that he is a permanent resident of Union Territory of Puducherry and therefore, there cannot be any impediment on the part of the 2nd respondent to issue a Residence Certificate, so as to enable the petitioner to join duty as a Home Guard in pursuant to the above selection process and prays for appropriate orders. This Court heard the submissions of Mr.A.Tamilvanan, learned Government Advocate, who accepts notice on behalf of the respondents.

This Court, in the light of the above facts and circumstances, directs the 2nd respondent to consider and dispose of the petitioner's application dated 07.03.2016 seeking for issuance of a Residence Certificate, on merits and in accordance with law and take necessary steps to issue the said Certificate on or before 09.06.2016.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar AP To 1.The Chief Secretary to Government Union of India, Government of Puducherry Puducherry.

2.The Tahsildar Villianur Taluk, Vilianur, Puducherry.

3.The Superintendent of Police [Head Quarters], Puducherry.

1 cc to M/s.Sai Bharath & Ilan, Advocate, sr.29685 1 cc to Government Pleader, Puducherry, sr.29875 W.P.No.18735/2016 mg co kra 06.06.2016