V.Ammasai, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2018
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE R.PONGIAPPAN WRIT PETITION No.24000 of 2018 V.Ammasi ... Petitioner Vs.
1.
The State of Tamil Nadu, rep. by the Secretary to Government, Department of Revenue, Fort St. George, Chennai 600 009.
The District Collector, Villupuram - 605 602, Villupuram District.
The Revenue Divisional Officer, Sankarapuram Taluk, Villupuram District, PIN 606 202.
The Tahsildar, Kallakurichi, Villupuram District, PIN 606 202.
... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd Respondent herein to issue Hindu, Malaikuravan - Scheduled Tribe (ST) Community Certificates to the Petitioner's above named three children viz.
(i) A.Tamizharasan (son), aged 20 years (ii) A.Manjula, (daughter), aged 18 years and (iii) A.Selvamani (son), aged 17 years, at the earliest.
For Petitioner :
Mr.S.Arunkumar For Respondents:
Mr.K.Rajendra Prasad, Addl. Government Pleader
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 3rd Respondent herein to issue Hindu, Malaikuravan - Scheduled Tribe (ST) Community Certificates to his three children viz.(i) A.Tamizharasan (son), aged 20 years (ii) A.Manjula, (daughter), aged 18 years and (iii) A.Selvamani (son), aged 17 years, at the earliest.
According to the Petitioner, he belongs to Hindu, Malaikuravan - Scheduled Tribe (ST) Community. It is his grievance that though he submitted several applications to the Revenue authorities seeking issuance of ST Community Certificate to his children, the same has not been issued. That apart, in this regard, he made representations dated 19.05.2018 and 10.08.2018 to the 2nd and 3rd Respondents, respectively, seeking issuance of ST Community Certificate. It is further stated by the Petitioner that many of his blood relatives belong to ST Community and the Petitioner has furnished the Community Certificates of the following blood relatives. (i) K.Perumal, S/o.Kaliamurthy, Community Certificate (ST) No.287067, dated 25.09.2015 by RDO, Villupuram.
(ii) Settu, S/o.Muthusamy, Community Certificate (ST) No.107317/24.01.2003 by RDO, Kallakurichi (iii) V.Selvam, S/o.Vadivel, Community Certificate (ST) No.88181/28.08.2001 by RDO, Kallakurichi (iv) A.Murugan, S/o.Agambara, Community Certificate (ST) No.107318/27.01.2003 by RDO, Kallakurichi (v) Ramalingam, S/o.Vellikannu, Community Certificate (ST) No.283208/16.06.2016 by RDO, Thirukovilur (vi) Sureshprabu, S/o.
Subramanian, Community Certificate (ST) No.360051/12.01.2012 by RDO, Ponneri, Tiruvallur District.
The Petitioner has further stated that as regards issuance of ST Community Certificate to his three children, he made a number of representations to various authorities including the Respondents herein on various dates, such as 01.07.2013, 06.06.2016, 19.06.2017, 02.08.2017, 07.08.2017, 29.08.2017, 11.12.2017, 20.12.2017, 21.12.2017, 22.12.2017, 21.05.2018 and 10.08.2018. However, there has been no action by the Respondents till date. Hence, the Petitioner has come up with the present Writ Petition.
Heard the learned counsel for the Petitioner as well as the learned Additional Government Pleader appearing for the Respondents.
5.
Considering the facts and circumstances of the case and taking into account the submissions made by the learned counsel on either side, we direct the 3rd Respondent/Revenue Divisional Officer, Kallakurichi, Villupuram District, to consider the Petitioner's representation as regards issuance of Scheduled Tribe (ST) Community Certificate to his children viz. (i) A.Tamizharasan (son), aged 20 years (ii) A.Manjula (daughter) aged 18 years and (ii) A.Selvamani (son) aged 17 years and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of
receipt of a copy of this order.
With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.No.27963 of 2018 is closed.
Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar (aeb) To:
1.
The Secretary, State of Tamil Nadu, Department of Revenue, Fort St. George, Chennai 600 009.
The District Collector, Villupuram - 605 602, Villupuram District.
The Revenue Divisional Officer, Sankarapuram Taluk, Villupuram District, PIN 606 202.
The Tahsildar, Kallakurichi, Villupuram District, PIN 606 202.
+1cc to Mr.S.Arunkumar, Advocate SR.NO.67281 +1cc to Government Pleader SR.NO.67861 CA(CO) sm:25.10.2018 Order in W.P.No.24000 of 2018