V.Rajkumar v. The Revenue Divisional

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.27733 of 2017 V.Rajkumar .. Petitioner - Vs - The Revenue Divisional Officer, Harur, Dharmapuri District.

.. Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pass orders on the representations of the petitioner dated 12.01.2016 and 23.05.2017 after obtaining the report from the authorized Anthropologist in respect of Kurumans (ST) Community.

For Petitioner:

Mr.S.Doraisamy For Respondent:

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 respondent to pass orders on the petitioner's representations dated 12.01.2016 and 23.05.2017 after obtaining the report from the authorized Anthropologist in respect of Kurumans (ST) Community.

2. The case of the petitioner is that he made representations dated 12.01.2016 and 23.05.2017 to the respondent herein, requesting to issue Community Certificate stating that he belongs to "Kuruman Community", which is classified as "Schedule Tribe" Community.

3. The Deputy Tahsildar, Pappireddipatty issued a Community Certificate to the petitioner stating that he belongs to Kurumbar (MBC) Community. The Secretary to Government issued a circular to all the competent authorities to recall the certificates already issued as "Kurumbar". The https://hcservices.ecourts.gov.in/hcservices/

petitioner surrendered his Community Certificate to Tahsildar, Pappireddipatti vide his letter dated 30.11.2000 and also sent a representation to the respondent dated 12.01.2016, requesting to issue a Community Certificate as "Kurumans (ST)".

4. As no action was taken by the respondent herein, the petitioner has filed a writ petition in W.P.No.8474 of 2007 seeking a direction to the respondent to consider his representation dated 12.01.2016. On 10.04.2017, the Division Bench of this Court directed the respondent to consider the petitioner's representation and pass appropriate orders on merits, within a period of three months. As no order was passed as per the order of the Division Bench of this Court, the petitioner, once again made a representation on 23.05.2017. No action was taken on his representation dated 23.05.2017, the present writ petition has been filed by the petitioner.

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

6. 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 respondent to consider the petitioner's representations dated 12.01.2016 and 23.05.2017 and pass appropriate orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy this order, after giving due opportunity to the petitioner. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kmi To The Revenue Divisional Officer, Harur, Dharmapuri District.

+ 1 cc to Government Pleader sr.77218 + 1 cc to Mrs. Doraisamy, Advocate sR.76634 W.P.No.27733 of 2017 CS-V EU(15/11/2017) https://hcservices.ecourts.gov.in/hcservices/