K.Rajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI K.Rajendran ... Petitioner Vs 1.The District Collector, Cuddalore District.

2.The Sub-Collector, Cuddalore & District.

3.The Revenue Divisional Officer, Cuddalore & District.

4.The Tahsildar, Panruti Taluk, Cuddalore District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance a Writ of Mandamus, directing the Respondents herein to dispose within time frame the petitioner representation dated 11.06.2018 made to the first respondent herein 1/5

seeking community certificate for the petitioner as he belonging to Hindu Schedule Tribe Kanikkar Community.

For Petitioner : Mr.K.Thilagaraj.

For Respondents : Mr.P.Balathandayutham, Government Advocate.

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.The Petitioner has come before this Court seeking Writ of Mandamus directing the First Respondent to consider the Petitioner's representation for issuance of community certificate to the Petitioner stating that he belongs to Hindu Schedule Tribe Kanikkar Community. 3.The Petitioner claims that he belongs to Hindu Schedule Tribe community namely 'Kanikkar' who is in occupation of traditional fortune tellers. The petitioner's parents and the ancestors are not educated and therefore, they have not obtained any community certificate. Since the Petitioner is studying B.A.Political Science in Periyar Arts College, Cuddalore without community certificate, the 2/5

Petitioner has applied for community certificate to the First Respondent. Since the same has not been disposed, the Petitioner has come before this Court by way of this Writ Petition.

4.Heard Mr.K.Thilagaraj, Learned Counsel for the Petitioner and Mr.P.Balathandayutham, Learned Government Advocate for the Respondents.

5.Since the Learned Government Advocate appearing for the Respondents would submit that the Petitioner has not given proper details as well as the necessary documents in his representation to show that the Petitioner belongs to Schedule Tribe 'Kanikkar' community, this Court directs the Petitioner to give fresh representation giving all the necessary details of their ancestors, native place and concerned documents in support of his claim within a period of four weeks from the date of receipt of a copy of this order and on receipt of the said representation by the Petitioner, the First Respondent is directed to conduct enquiry after giving opportunity to the Petitioner and pass orders on merits, as per law, within a period of twelve weeks there of. 3/5

6.With the above directions, this Writ Petition is disposed of. No costs.

(N.K.K.,J.) (T.V.T.S.,J.) 12.08.2021 ay Index:Yes/No Internet:Yes/No To 1.The District Collector, Cuddalore District.

2.The Sub-Collector, Cuddalore & District.

3.The Revenue Divisional Officer, Cuddalore & District.

4.The Tahsildar, Panruti Taluk, Cuddalore District.

N.KIRUBAKARAN, J.

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and T.V.THAMILSELVI, J.

ay Dated: 12.08.2021 5/5