K.Sumitha, D/O.C.Krishnan, Res v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16511 of 2017 K.Sumitha .. Petitioner Vs.

1.The Revenue Divisional Officer Krishnagiri Taluk Krishnagiri.

2.The Tahsildar Then Krishnagiri Taluk and now Bargur Taluk Krishnagiri District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to forthwith issue Community Certificate to the petitioner indicating that the petitioner belongs to Panniyandi which comes under Scheduled Caste so as to pursue her further studies.

For Petitioner : Mr.K.Raja For Respondents : Mr.K.Dhananjayan, Special Government Pleader

O R D E R

M.DHANDAPANI, J.

Mr. K. Dhananjayan, learned Additional Government Pleader, accepts notice for the respondents. With consent, this writ petition is taken up for final disposal, at the admission stage itself.

2.This writ petition has been preferred seeking a writ of mandamus directing the respondents to forthwith issue Community Certificate to the petitioner indicating that she belongs to "Panniyandi" which comes under Scheduled Caste, enabling her to pursue her further studies.

3.The petitioner made an application before the Tahsildar seeking issuance of community certificate. The Tahsildar, on 06 November 2015, rejected the claim made by the petitioner, challenging which, the petitioner preferred an appeal before https://hcservices.ecourts.gov.in/hcservices/

the Revenue Divisional Officer. On 15 February 2017, the Revenue Divisional Officer, based on the statements given by the Village Administrative Officer, Revenue Inspector and Deputy Regional Tahsildar that they came to know under the Right to Information Act that the petitioner's father's cousin by name Vijayakumar belongs to Panniyandi community, remanded the matter to the Tahsildar with a direction to issue community certificate to the petitioner after verifying the original community certificate of the said Vijayakumar and also after hearing the petitioner by getting necessary documents of identification from her. Inasmuch as the petitioner's claim is under consideration since then, this writ petition has been preferred seeking the aforestated relief.

4.Though the petitioner has filed this writ petition seeking a writ of mandamus as stated above, it will be only appropriate to mould the petitioner's prayer and grant the same.

5.Accordingly, the Tahsildar is directed to conclude the enquiry as directed by the Revenue Divisional Officer vide order dated 15 February 2017 as expeditiously as possible and in any case, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gms To 1.The Revenue Divisional Officer Krishnagiri Taluk Krishnagiri.

2.The Tahsildar Then Krishnagiri Taluk and now Bargur Taluk Krishnagiri District.

+1cc to Mr.K.Raja, Advocate SR.No.45469 +1cc to Special Government Pleader SR.No.46271 W.P.No.16511 of 2017 GN(08/08/2017) https://hcservices.ecourts.gov.in/hcservices/