R.Babu, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.17119/2017 R.Babu ..

Petitioner Vs 1.The District Collector District Collector Officer Singaravelar Maaligai Chennai 600 001.

2.The Personal Assistant [General] To the District Collector of Chennai Chennai 600 001.

3.The Revenue Divisional Officer [incharge] Egmore, Chennai 600008.

4.The Tahsildar Triplicane Taluk, Triplicane, Chennai 600005.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 3rd and 4th to dispose the petitioner applications dated 28.05.2013 and 03.05.2015 in pertain to the issuance of S.T.HIndu Kurumans Community Certificate to petitioner children viz., B.Suganya and B.Prabhu in this writ petition.

For Petitioner : Mr.P.Murali For R1 to R4 : Mr.M.Elumalai, GA

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal. Mr.M.Elumalai, learned Government Advocate accepts notice on behalf of the respondents.

The petitioner, in the affidavit filed in support of this writ petition, would aver among other things, he belongs to Hindu Scheduled Tribe "Kurumans" Community and his wife is also hailing from the said community and she has also been issued with a Certificate to that effect. The petitioner would further aver that out of the wedlock, he begot two children, viz., B.Suganya and B.Prabhu and for them also, the petitioner has applied for Hindu Scheduled Tribe "Kurumans" Community Certificates and however, no proper response is forthcoming and therefore, he is constrained to approach this Court by filing the present writ petition.

The learned counsel for the petitioner would submit that the sister of the petitioner, viz., Tmt.R.Renuka, Wife of Thiru.R.Murali, has been issued with a permanent Hindu Scheduled Tribe "Kurumans" Community Certificate, bearing Certificate No.2643439, by the Personal Assistant [General] to the Collector of Madras, Chennai-5 and the petitioner has also approached the office of the 1st respondent as to the stage of the request for issuance of the Community Certificates to his children and the office of the 1st respondent, vide communication dated 05.09.2013 in Na.Ka.Oo.1/18433/2013, has directed the 4th respondent to conduct an enquiry and submit a detailed report and though nearly four years had lapsed, the petitioner is yet to be favoured with any kind of response and therefore, the petitioner is before this Court by way of filing the present writ petition.

This Court heard the submissions of Mr.M.Elumalai, learned Government Advocate appearing for the respondents and also perused the materials placed before it.

Though the petitioner prays for a larger relief, this Court, in the light of above facts and circumstances and without going

into the merits of the claim projected by the petitioner in this writ petitions, directs the 4th respondent - Tahsildar, to respond to the communication of the 1st respondent dated 05.09.2013 in Na.Ka.Oo.1/18433/2013, and forward the same, if not already forwarded, within a period of four weeks from the date of receipt of a copy of this order and the 1st respondent, upon receipt of the same, shall consider the said report, either himself or directs the 2nd respondent to pass appropriate orders as to the grant of the Hindu Scheduled Tribe "Kurumans" Community Certificates in favour of the petitioner's children within a further period of six weeks thereafter and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

[M.S.N., J.,] [N.S.S., J] 06.07.2017 Index :

No Internet :

Yes NOTE:Issue order copy on 14.07.2017 AP

To 1.The District Collector District Collector Officer Singaravelar Maaligai Chennai 600 001.

2.The Personal Assistant [General] To the District Collector of Chennai Chennai 600 001.

3.The Revenue Divisional Officer [incharge] Egmore, Chennai 600008.

4.The Tahsildar Triplicane Taluk, Triplicane, Chennai 600005.

M.SATHYANARAYANAN, J., and N.SESHASAYEE, J., AP WP.No.17119/2017 06.07.2017