Krishnan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.16034 of 2019 Krishnan S/o.Kaaliappan

...Petitioner

Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri, 2.The Tahsildar, Taulk Office, Pochampalli, ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing first respondent to consider and dispose of the petitioner's Appeal Petition dated 04.03.2019 for issuance of "Panniandi" Schedule Caste Community Certificate to the petitioner's daughter and son viz., K.Sathya and K.Sakthivel respectively within a stipulated time.

For Petitioner :

Mr.R.Bharath Kumar For Respondents:

Mr.V.Shanmuga Sundar Special Government Pleader *****

O R D E R

[Order was made by R.SUBBIAH, J] The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing first respondent to consider and dispose of the petitioner's Appeal Petition dated 04.03.2019 for issuance of "Panniandi" Schedule Caste Community Certificate to the petitioner's daughter and son viz., K.Sathya and K.Sakthivel respectively within a stipulated time.

2. Heard learned counsel for petitioner and learned Special Government Pleader for respondents.

3. Learned counsel for petitioner submits that he belongs to "Panniandi" Community, but he did not obtain Community Certificate to such effect. However, his close relative is holding such a Certificate. Since the school authorities insisting the petitioner to produce the Community Certificate of petitioner's children, petitioner approached the second respondent and applied through Online on 16.11.2018 requesting to issue Community Certificate to his children that they belong to "Panniandi" Community. The second respondent has rejected the petitioner's application for trivial reasons and the same has not been communicated to him. Petitioner came to know about the said rejection through Website and as against the same, petitioner sent an Appeal Petition dated 04.03.2019 to first respondent by RPAD enclosing petitioner's close relative's Community Certificate. Since no action has been taken by first respondent, petitioner has filed the present Writ Petition seeking the aforesaid relief.

4. Heard learned Special Government Pleader on the above submissions.

5. Considering the submissions made, this Court, without going into the merits of the case, directs first respondent to conduct enquiry on the petitioner's Appeal Petition dated 04.03.2019 and pass appropriate orders on merits and in accordance with law, at the earliest, preferably, within a period of four weeks from the date of petitioner's appearance for enquiry.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar gm To 1.The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri,

2.The Tahsildar, Taulk Office, Pochampalli, +1cc to Mr.R.Bharathkumar, Advocate, S.R.No.52544 +2ccs to the Government Pleader, S.R.No.50192 & 53462 Writ Petition No.16034 of 2019 RK(CO) RRS(03/07/2019)