Madras High CourtWP/27851/2017disposed of

S. Selvam v. The District Collector

2017-11-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.27851 of 2017 S.Selvam ... Petitioner - Vs - 1.The District Collector, Dharmapuri District, Dharmapuri-5.

2.The Zonal Deputy Tahsildar, 3.The Village Administrative Officer, O.G.Halli Panchayat, ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to issue community certificate to the petitioner's second daughter "S.MABLE PLAVIYAA" as Hindu Vanniyar (MBC) on the basis of the petitioner's representation dated 02.10.2017.

For Petitioner :

Mr.K.Gandhi Kumar For Respondents :

Mr.S.N.Parthasarathy Government Advocate

ORDER

[Order of the Court was made by C.T.SELVAM, J.] This writ petition seeks issuance of a Writ of Mandamus, to 2nd respondent to issue community certificate to the petitioner's second daughter "S.MABLE PLAVIYAA" as Hindu Vanniyar (MBC) on the basis of the petitioner's representation dated 02.10.2017.

2. The case of the petitioner is that the petitioner applied for community certificate of his second daughter through third respondent more than seven times, but the third respondent has not recommended issue of the community certificate to second respondent, who did not give proper reasons for not issuing the community certificate.

Hence, the petitioner made a representation dated 28.03.2017 to first respondent in person. First respondent directed petitioner to apply for community certificate online and petitioner applied online to the second respondent on 04.07.2017. Since the second respondent has not considered the petitioner's application, the petitioner, on 13.09.2017, sought the status of his representation dated 28.03.2017. The second respondent required petitioner to get the status of the representation from the e.service centre. Thereafter, on 02.10.2017, the petitioner gave a representation to the second respondent in person and requested issue of community certificate. Second respondent refused to issue community certificate on the ground that his daughter's name sounded Christian. Hence, the petitioner filed the present writ petition.

3. Mr.S.N.Parthasarathy, learned Government Advocate seeks time towards consideration of petitioner's representation.

4. Without going into the merits of the case and recording the submission of the learned Government Advocate, this writ petition is disposed of, with a direction to the second respondent to consider the petitioner's representation dated 02.10.2017 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar kmi To 1.The District Collector, Dharmapuri District, Dharmapuri-5.

2.The Zonal Deputy Tahsildar,

3.The Village Administrative Officer, O.G.Halli Panchayat, +1 Cc to Mr.K. Gandhi Kumar, Advocate sr 78448. +1 CC to The Govt. Pleader sr 78582.

W.P.No.27851 of 2017 SP(21/11/2017)