M.Beeran, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE R.PONGIAPPAN WRIT PETITION No.23910 OF 2018 M.Beeran ... Petitioner vs.

1.

The Revenue Divisional Officer, Dharmapuri District.

2.

The Tahsildar, Palakodu Taluk, Dharmapuri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st Respondent to consider the representation dated 12.02.2018 for issuance of 'Kurumans' Scheduled Tribe Community Certificate to the Petitioner and his minor children, viz. 1. Sumithra (13 years), 2. Dharmanandham (10 years) respectively. For Petitioner :

Mr.C.Saifullah For Respondents:

Mr.K.Rajendra Prasad, Government Advocate

O R D E R

(Order of the Court was made by R.SUBBIAH,J.) Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent to consider his representation dated 12.02.2018 for issuance of 'Kurumans' Scheduled Tribe Community Certificate to him and his minor children, viz. 1. Sumithra (13 years), 2. Dharmanandham (10 years) respectively. 2.

According to the Petitioner, he belongs to 'Kurumans' Community, which is classified as Scheduled Tribe Community. He submitted a representation to the 1st Respondent on 14.09.2014 seeking to issue Community Certificate to him. As no action was taken on his representation, the Petitioner sent a further representation dated 12.02.2018 to the 1st Respondent seeking to issue Community Certificate to him and his minor children viz. https://hcservices.ecourts.gov.in/hcservices/

Sumithra, aged 13 years and Dharmanandam, aged 10 years, respectively. Since the Petitioner did not receive any reply from the Respondents, he is before this Court with the above Writ Petition.

3.

Heard the learned counsel on either side and perused the material documents available on record.

4.

Since the scope of the Writ Petition is limited, without traversing into the merits of the matter and considering the grievance of the Petitioner, this Court directs the 1st Respondent herein to consider the Petitioner's Application dated 12.02.2018, by conducting an enquiry, after affording an opportunity of hearing to the Petitioner and necessary parties, in accordance with the relevant Rules and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

5.

It is made clear that this Court has not expressed any opinion on the merits of the claim of the Petitioner and it is for the 1st Respondent to decide the same at the time of disposing of the said representation purely on merits. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Revenue Divisional Officer, Dharmapuri District.

2.

The Tahsildar, Palakodu Taluk, Dharmapuri District.

+1cc to Mr.C.Saifullah, Advocate sr.no.72828 +1cc to Government Pleader sr.no.73477 Order in W.P.No.23910 of 2018 nr 29/10/2018 https://hcservices.ecourts.gov.in/hcservices/