Maheswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.17057 of 2021 and W.M.P.No.18091 of 2021 Maheswari

...Petitioner

Vs.

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of rejection passed in proceedings in Na.Ka.No.15493/2017/Ko3 dated 11.09.2019 on the file of the first respondent and quash the same and direct the respondent to issue community certificate to the children of the petitioner viz. 1) S.Keerthanamani 2) S.Chandru that they belong to Kurumans (ST) Community based upon the community certificate possessed by the parents.

For petitioner : Mr.V.Sakkarapani For respondents : Mrs.Akila Rajendran Govt. Counsel

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) Heard Mr.V.Sakkarapani, learned counsel for the petitioner and Mrs.Akila Rajendran, learned Government Counsel appearing for the respondents.

2.The petitioner has come forward with this writ petition to quash the order of the first respondent, wherein her application seeking community certificates was rejected. 3.It is represented by the learned Government counsel appearing for the respondents that as against the order of the first respondent, the petitioner is having an appeal remedy before the State Level Scrutiny Committee.

4.The learned counsel for the petitioner would state that the petitioner's relatives received the community certificate and only on that basis, the petitioner seeks community certificates. He would further submit that in view of the Covid-19 pandemic, the appeal before the State Level Scrutiny Community could not be filed and if the petitioner is given liberty, she is ready to file an appeal before the appellate authority. 5.In the light of the above submission of the learned counsels, this writ petition is disposed of directing the petitioner to prefer an appeal before the State Level Scrutiny Community within a period of two weeks. On receipt of such appeal, the State Level Scrutiny Committee shall consider the same and pass orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar skn

To 1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri District.

+1cc to M/s.V.Sakkarapani, Advocate, S.R.No.52969 W.P.No.17057 of 2021 and W.M.P.No.18091 of 2021 AD(CO) SB(01/11/2021)