S.Jeeva Stalin v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 29.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.18424 of 2021 S.Jeeva Stalin .. Petitioner
Versus
1.The District Collector, Salem.
2.The Revenue Divisional Officer, Attur, Salem District.
3.The District Education Officer, Salem.
4.The District Elementary Education Officer, Salem.
5.The Headmaster, The Government of Girls Higher Secondary School, Attur, Salem.
6.D.Marimuthu .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the second respondent to consider the representation dated 31.03.2021 and consequently direct the 2nd respondent to pass necessary order in accordance with law.
For petitioner : Mr.T.P.Manoharan, for Mr.N.Premkumar For respondents for RR1 to 5: Mrs.Akila Rajendran, Government Advocate for R6 : Mr.D.Shivakumaran
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. Heard Mr.T.P.Manoharan, learned counsel appearing for Mr.N.Premkumar, learned counsel for the petitioner, Mrs.Akila Rajendran, learned Standing Counsel appearing for the respondents 1 to 5 and Mr.D.Shivakumaran, learned counsel appearing for the sixth respondent.
3. The petitioner prays for issuance of a Writ of Mandamus, directing the second respondent to consider his representation dated 31.03.2021 and pass orders.
4. It appears that the petitioner was already issued with a Community Certificate stating that she belongs to the Hindu Parayar Community. When she wanted to contest the Assembly Election held in the year 2021, objections were raised by the sixth respondent. It appears that her nomination was not accepted, hence she made a representation to the second respondent dated 31.03.2021 to conduct enquiry and pass orders on her representation.
5. The learned Senior Counsel appearing for the petitioner Mr.T.P.Manoharan, while reiterating the averments contained in the affidavit would state that the second respondent may be directed to pass orders on the representation of the petitioner in a time frame.
6. The learned Government Counsel appearing for the respondents Mrs.Akila Rajendran, by referring the counter filed by the second respondent would state that the petitioner belongs to Hindu Parayar Community, which is recognised as Scheduled Caste. She further stated that since the Tahsildar had already issued community certificate, there is no necessity to pass order on the representation of the petitioner.
7. Mr.D.Shivakumaran, learned counsel appearing for the sixth respondent would state that since the sixth respondent already made a representation to the second respondent on 15.03.2021, he may be given liberty to participate in the enquiry to be conducted by the second respondent.
8. In the light of the limited scope of the prayer sought for in the Writ Petition and also considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to pass orders on the representation of the
petitioner dated 31.03.2021 in accordance with law within a period of two months, after affording ample opportunity to the petitioner and the sixth respondent.
9. With the above directions, the Writ Petition is disposed of. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar pvs To 1.The District Collector, Salem.
2.The Revenue Divisional Officer, Attur, Salem District.
3.The District Education Officer, Salem.
4.The District Elementary Education Officer, Salem.
5.The Headmaster, The Government of Girls Higher Secondary School, Attur, Salem.
+1 CC to Mr.D.Shivakumaran, Advocate sr 50446. +1 CC to The Government Pleader sr 51262.
W.P. No.18424 of 2021 SPD(CO) SP(26/10/2021)