P.Chinnasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29/10/2015 C O R A M THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. No.28597 of 2015 P. Chinnasamy ... Petitioner Vs

1. The Revenue Divisional Officer Dharmapuri Dharmapuri District.

2. The Director of Tribal Welfare Chennai 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records in the order bearing no.Na.Ka.6245/2013/A4 dated 10.07.2015 passed by the first respondent and quashing the same and directing the first respondent to hold a proper enquiry on the basis of the cultural report on "Kurumans" sent by the second respondent vide his letter dated 18.02.2015 to the first respondent and decide the community status of the petitioner's wife Tamilselvi within a reasonable time.

For petitioner :

Mr.M.Radhakrishnan For Respondents :

Mr.N.Sakthivel Government Advocate

O R D E R

(delivered by SATISH K. AGNIHOTRI, J.) With consent, the writ petition is taken up for final disposal.

2.

The petitioner made an application before the first respondent seeking Kurumans (ST) community certificate to his wife. The said application was turned down by the first respondent by order dated 10 July 2015. Feeling aggrieved, the petitioner has come up with the instant writ petition. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents fairly submits that the authorities have noticed some discrepancies and irregularities in the impugned order. Thus, the authorities be permitted to recall the impugned order and take a fresh, reasoned and conscious decision on the petitioner's application, on merits and in accordance with law, within a period of six weeks.

4.

In view of the above submission made by the learned Government Advocate, according to the learned counsel for the petitioner, nothing survives for adjudication in this writ petition, at this stage.

5.

Thus, recording the aforesaid submissions made by the learned counsel on either side, the writ petition stands disposed of. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mvs.

To

1. The Revenue Divisional Officer Dharmapuri Dharmapuri District.

2. The Director of Tribal Welfare Chennai 600 005.

+1cc to Mr.M.Radhakrishnan, Advocate, S.R.No.59076 +1cc to the Government Pleader, S.R.No.59139 W.P. No.28597 of 2015 AD(CO) CA(27/11/2015)