Murugan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.32047 of 2015 Murugan .. Petitioner Vs The Tahsildar, Dhenkanikottai Taluk Office, Dhenkanikottai, Krishnagiri District.

..Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus directing the respondent to consider the petitioner's representations dated 13.7.2015 and the subsequent reminder dated 14.9.2015 for issue of Panniandi SC Community Certificate to the petitioner and his sons namely M.Ajith Kumar and minor Son M.Arunkumar and minor daughter M.Priyadarshini within the time to be stipulated by this Court.

For Petitioner : Mr.R. Bharath Kumar For Respondent : Mr. P.S.Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondent. Thus, with the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

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2.

By this petition, the petitioner seeks a direction to the respondent to consider his representation dated 13 July 2015 and the subsequent reminder dated 14.9.2015 for issuance of Panniandi SC Community Certificate to himself and his sons, viz., M.Ajith Kumar and minor M.Arunkumar and minor daughter M.Priyadarshini.

3.

The petitioner has made an application dated 13 July, 2015 for issuance of community certificate, enclosing the certificates issued in favour of his blood relatives and thereafter, he has also addressed a reminder on 14 September, 2015. But, without waiting for a reasonable time, i.e., six months, as mandated by the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1, the petitioner has come up with this writ petition for the aforestated relief.

4.

At this stage, no adjudication is required as the time granted by the Supreme Court for consideration of the application is six months. Even otherwise, the application was made only on 13 July, 2015. Thus, we cannot direct the respondent to consider the petitioner's application and pass orders on the same forthwith. However, it is expected that the respondent shall examine the matter and take a decision expeditiously.

5.

This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar ra.

To The Tahsildar, Dhenkanikottai Taluk Office, Dhenkanikottai, Krishnagiri District.

+1 cc to Mr.R.Bharathkumar,Advocate(sr.54877) +1 cc to Government Pleader (sr.54939) W.P. No.32047 of 2015 Lrs(co) cp 27/10/2015 https://hcservices.ecourts.gov.in/hcservices/