T.Jayakumari, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:07.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.17286/2017 T.Jayakumari ..

Petitioner Vs The Revenue Divisional Officer Namakkal ..

Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondent herein to consider the representation of the petitioner dated 30.04.2016 pertaining to grant of Community Certificate to the petitioner's daughters within the time frame to be fixed by this Court.

For Petitioner : Mr.M.R.Sivakumar For Respondent : 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 respondent.

The petitioner would state that she belongs to Christian Malayali Community which is included in the list of Schedule Tribes and she married Thiru.S.N.Saravanakumar, under the Special Marriage Act and out of wedlock, she begot two daughters, viz., Amirtha Sornamalya - 17 years and Janani - 14 years. The petitioner would further state that as per G.O.[2D] No.17, Social Welfare Department dated 16.08.1994, children born in Hindu Religion, shall be considered to be belonging to either the community of the father or mother and accordingly, the petitioner had applied for Community Certificates for her two daughters. The petitioner has also enclosed her Community Certificate bearing Certificate No.2663579, issued by the Revenue Divisional Officer, Namakkal, the respondent herein, stating that the petitioner belongs to Christian Malayali Community and though the application of the petitioner dated 30.04.2016 was received and acknowledged by the respondent, so far no orders have been passed and hence, came forward to file the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.M.Elumalai, learned Government Advocate appearing for the respondent and also perused the materials placed before it.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of her claim, directs the respondent to consider and dispose of the petitioner's application dated 30.04.2016 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP

To The Revenue Divisional Officer Namakkal.

+1cc to M/s.M.R.Sivakumar, Advocate, S.R.No.47803/17 +1cc to the Government Pleader, S.R.No.47667/17 WP.NO.17286/2017 AR(CS IV) CU(13/07/2017)