R.Kanmani v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. Nos. 34085, 37763, 37520, 35412, 35520, 37224 and 36029 of 2015 R.Kanmani

...Petitioner in W.P. No. 34085 of 2015

N.Praba

...Petitioner in W.P. No. 37763 of 2015

A.Sabina Begam

...Petitioner in W.P. No. 37520 of 2015

R.Lakshmi

...Petitioner in W.P. No. 35412 of 2015

Rajalakshmi M.

...Petitioner in W.P. No. 35520 of 2015

M.Vembu

...Petitioner in W.P. No. 37224 of 2015

M.Malarvizhy

...Petitioner in W.P. No. 36029 of 2015

Vs.

1.The Union of India, Rep by the Secretary to Government Department of Revenue and Disaster Management, Govt. of Union Territory of Puducherry, Puducherry.

...1st Respondent in all the WPs 2.The Tahsildar, Karaikal.

...2nd Respondent in WPs.34085,37763, 37520,35412,35520 & 37224 of 2015 3.The Director of School Education, Directorate of School Education, Govt. of Union Territory of Puducherry, Puducherry.

...3rd Respondent in all the WPs 4.The Tahsildar, Bahour Taluk, Bahour, Pondicherry.

...2nd Respondent in WP.36029 of 2015

PRAYER in W.P. No. 34085 of 2015: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified Mandamus calling for the records with relates to the impugned order dated 14.10.2015 bearing Ref.No. 6631/TOK/B2/2015 passed by the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to issue residence/nativity certificate to the petitioner. PRAYER in W.P. Nos. 37763, 35412, 37224 & 36029 of 2015: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 2nd respondent to issue residence/nativity certificate to the petitioner. PRAYER in W.P. No.

37520 of 2015: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified Mandamus calling for the records with relates to the impugned order dated 13.10.2015 bearing Ref.No. 7215/TOK/B2/2015 passed by the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to issue residence/nativity certificate to the petitioner. PRAYER in W.P. No. 35520 of 2015: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified Mandamus calling for the records with relates to the impugned order passed by the 2nd respondent dated 23.10.2015 signed on 28.10.2015 bearing reference No. 6891/TOK/B2/2015 and quash the same and consequently direct the 2nd respondent to issue residence/nativity certificate to the petitioner.

For Petitioner : M/s.Sai Bhrathi and Ilan For Respondents : Mr.A.Tamilvanan, Government Advocate COMMON ORDER As the issues involved in all the writ petitions are one and same, they have been taken up and disposed of by a common order.

2. In all these writ petitions, two different prayers have been sought for. One set of prayer is seeking for a writ of

mandamus directing the 2nd respondent to issue a residential/nativity certificate. In all the cases, the requests made by the petitioners are pending consideration by the respondent No. 2. Therefore, pending consideration of representation made by the petitioners, they have approached this Court.

3. Considering the above facts, the respondent No. 2 is hereby directed to take appropriate decision on the request made by the petitioners, within a period of two weeks from the date of receipt of the copy of this order. The petitioners are at liberty to produce particulars of the property in their possession, in support of their request within a period of one week from the date of receipt of copy of this order.

4. So far as the case in which orders have been passed on the request made by the petitioners, taking note of the fact that they have been passed without affording an opportunity of hearing to the petitioners, the petitioners are now at liberty to furnish the requisite particulars to the Tahsildar/2nd respondent. On receipt of the same, the said authority shall pass appropriate orders notwithstanding, the decision of the earlier orders, in accordance with law, within a period of two weeks thereafter. It is needless to state that appropriate orders shall be passed by the 2nd respondent after conducting proper enquiry, apart from considering the materials to be produced by the petitioners.

5. With the above direction, the writ petitions are disposed of. Consequently, the connected miscellaneous petition are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rms

To 1.The Union of India, Rep by the Secretary to Government Department of Revenue and Disaster Management, Govt. of Union Territory of Puducherry, Puducherry.

2.The Tahsildar, Karaikal.

3.The Director of School Education, Directorate of School Education, Govt. of Union Territory of Puducherry, Puducherry.

4.The Tahsildar, Bahour Taluk, Bahour, Pondicherry.

+6cc's to M/s.Sai Bhrathi and Ilan, Advocate, S.R.No.65471 +1cc to the Senior Government Pleader - cum - Public Prosecutor, Puducherry, S.R.No.65472 W.P. No. 34085, 37763, 37520, 35412, 35520, 37224 and 36029 of 2015 CA(09/12/2015)