V.Harepriya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM

THE HONOURABLE MR.A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.14643 OF 2023 AND WMP NO.14126 OF 2023 V.Harepriya ..

Petitioner Vs.

1.The District Collector WRR4 + GCW, Vazhudavoor Road, Pettaiyanchathiram, Petayan Chathiram, Puducherry - 605 009.

2.Deputy Collector (Revenue South) 505, Kamaraj Salai, New Saram, Naveena Garden, Thattanchavady, Puducherry - 605 103.

3.Tahsildar 1/6

4.Deputy Tahsildar 5.The Convener Centralised Admission Committee (CENTAC) Government of Puducherry Puducherry - 605 001.

..

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to furnish an OBC and OBC - NCL Certificate (Community Certificate) in the name of the petitioner based on the records furnished. For Petitioner :

Mr.V.Ragavachari Senior Counsel for Ms.V.Srimathi For Respondents :

Mr.A.Tamilvanan Additional Govt. Pleader (Pondy)

O R D E R

[Order of the Court was made by C.SARAVANAN., J.] This writ petition has been filed by the petitioner seeking for a mandamus directing the third respondent to furnish the OBC and OBC - NCL Certificate (Community Certificate) in the name of the petitioner, based on the records furnished by her.

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2.Facts on record indicate that already order has been passed on 12.04.2023 by the Tahsildar, Villianur Taluk Office, namely, the third respondent herein, bearing Ref.No.1680/TOV/Cert/A6/2023. Against the said order, the petitioner has also preferred an appeal dated 17.04.2023 before the second respondent.

3.On the other hand, the learned Additional Government Pleader (Pondy) for the respondents would submit that the enquiry has already been conducted and orders will be passed within a week's time. 4.The learned Senior Counsel for the petitioner would submit that all the records have been furnished to the third respondent. Despite the same, the third respondent has denied to issue Community Certificate to the petitioner.

5.Heard the submissions made by the learned Senior Counsel for the petitioner and the learned Additional Government Pleader (Pondy) for the respondents.

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6.Considering the submissions made on either side, this Court is of the view that the prayer in the writ petition for a mandamus cannot be considered. However, considering the fact that the petitioner has also filed an appeal before the second respondent, it will suffice to direct the second respondent to pass appropriate orders in the appeal preferred by the petitioner, on merits and in accordance with law, after hearing the petitioner and also taking into consideration all the materials/documents produced by the petitioner before the third respondent. The second respondent is directed to pass appropriate orders, within a period of SEVEN DAYS from today. The petitioner shall appear before the second respondent with all relevant materials on 08.05.2023 at 10.30 am.

7.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [C.S.N., J.] 04.05.2023 TK 4/6

To 1.The District Collector WRR4 + GCW, Vazhudavoor Road, Pettaiyanchathiram, Petayan Chathiram, Puducherry - 605 009.

2.Deputy Collector (Revenue South) 505, Kamaraj Salai, New Saram, Naveena Garden, Thattanchavady, Puducherry - 605 103.

3.Tahsildar 4.Deputy Tahsildar 5.The Convener Centralised Admission Committee (CENTAC) Government of Puducherry Puducherry - 605 001.

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A.D.JAGADISH CHANDIRA, J.

, AND C.SARAVANAN, J., TK/AV W.P.NO.14643 OF 2023 04.05.2023 6/6