M.Kaliyappan v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.28592 of 2015 M. Kaliyappan .. Petitioner Vs.

1. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

2. The Chairman, Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to decide the community status of the petitioner and his children K. Manikandan and K. Nithya on the basis of the proceedings of respondent No.2 - Committee dated 31.10.2013 within a reasonable time.

For petitioner :Mr.M. Radhakrishnan For respondents :Mrs. A. Srijayanthi Special Government Pleader

ORDER

Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel on either side, the writ petition is taken up for disposal, at the admission stage itself.

The only relief sought in this writ petition is a https://hcservices.ecourts.gov.in/hcservices/

direction to the first respondent/ Revenue Divisional Officer, Dharmapuri, to consider the petitioner's application dated 30.11.2011 in the light of the various certificates and documents filed by him, including the proceedings of the second respondent/ State Level Scrutiny Committee issued in favour of the petitioner's cousin by name N.Chinnasamy.

It is beyond our comprehension as to how and why, the first respondent has taken about four years to take a decision on the petitioner's application. Even otherwise, on the request of the learned Special Government Pleader, appearing for the respondents, we further grant six weeks time to the first respondent to consider the application dated 30.11.2011, considering all the certificates produced by the petitioner, including the proceedings of the State Level Scrutiny Committee in respect of his blood relative, which has a probative value and also conduct proper enquiry and pass appropriate orders on its own merits and in accordance with law. 4.

The writ petition stands disposed of with the above direction. Costs made easy.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

2. The Chairman, Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

+1 cc to Mr.M.Radhakrishnan,Advocate(sr.49867) W.P. No.28592 of 2015 sr (co) cp 25/09/2015 https://hcservices.ecourts.gov.in/hcservices/