R.Krishnan, S/O.Raman, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.27644 of 2017 R.Krishnan ... Petitioner - Vs - 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Dharmapuri.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider and dispose of on merits and in accordance with law the appeal dated 12.02.2017 of the petitioner regarding issuance ST Community Certificate to him as belonging to KURUMANS (ST) Community.

For Petitioner :

Mr.R.Thamaraiselvan For Respondents :

Mr.S.N.Parthasarathy, Government Advocate.

*****

ORDER

[Order of the Court was made by M.V.MURALIDARAN, J.] This writ petition seeks issuance of a Writ of Mandamus, to direct the first respondent to consider and dispose of the petitioner's appeal dated 12.02.2017 on merits regarding issuance of ST Community Certificate to him as belonging to KURUMANS (ST) Community.

2. The case of the petitioner is that he made representations dated 21.09.2015 and 27.10.2015 to the respondents herein, requesting to issue Community Certificate

stating that he belongs to "KURUMANS Community", which is classified as "Schedule Tribe".

3. Since there was no response to the said representation, the petitioner filed a writ petition in WP.No.40008 of 2015 seeking appropriate directions to the respondents to consider his representations dated 27.10.2015. On 18.12.2015, the Division Bench of this Court directed the authority concerned to consider the representations and pass appropriate orders. Thereafter, the second respondent herein rejected the petitioner's said representations on 28.12.2016 stating that he had not furnished the supportive documents, against which, the petitioner has filed an appeal before the first respondent/District Collector, Dharmapuri on 12.02.2017. As no action was taken on his appeal, the present writ petition has been filed by the petitioner.

4. Today, when the matter is taken up for hearing, learned Government Advocate appearing for the respondents submitted that if the said appeal is in order, the same will be considered in accordance with law.

5. Without going into the merits of the said appeal, while recording the above submission of the learned Government Advocate, this writ petition is disposed of, with a direction to the first respondent to consider the petitioner's appeal dated 12.02.2017 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy this order, after giving due opportunity to the petitioner. No costs.

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

To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Dharmapuri.

+1 cc to M/s.R.Thamarai Selvan Advocate sr 76783 +1 cc to the Govt Pleader sr 77216 W.P.No.27644 of 2017 aa20/11/2017