D.Muthukrishnan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL D.Muthukrishnan ... Petitioner Vs.

1. The Collector, Dharmapuri, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose the appeal of the petitioner dated 18.04.2023 filed against the order of rejection passed by the second respondent in Pa.Mu.482/2018/A4 dated 12.04.2018 and to issue community certificate to the petitioner and his children viz. 1. M.Sathiyapriya and 2. M.Vishnuvarathan @ M.Vishnupuriyan that they belong to Kurichchan (ST) community.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.A.Selvendran, Special Govt. Pleader for R1 and R2

ORDER

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This Writ Petition has been filed to direct the first respondent to dispose the appeal of the petitioner dated 18.04.2023 filed against the order of rejection passed by the second respondent in Pa.Mu.482/2018/A4 dated 12.04.2018 and to issue community certificate to the petitioner and his children viz. 1. M.Sathiyapriya and 2. M.Vishnuvarathan @ M.Vishnupuriyan that they belong to Kurichchan (ST) community.

2. According to the petitioner, in the school records, his community is shown as 'Kurichchan' and based on his school certificates and also along with his close relatives' community certificates, the petitioner had applied to the second respondent to issue community certificate to him and also to his children. However, the second respondent has rejected the claim of the

petitioner on 12.04.2018. Against which, the petitioner has filed an appeal before the first respondent on 18.04.2023, as per G.O.Ms.No.147, Revenue Department, dated 17.03.2016. But it was not considered till date. Hence the writ petition.

3. The learned Special Government Pleader appearing for the respondents informed before this Court that the appeal filed by the petitioner is still pending before the first respondent and it will be considered and appropriate orders will be passed in accordance with law.

4. Inview of the above submission and also considering the limited scope of prayer, without expressing any opinion on merits, we direct the first respondent to consider the appeal filed by the petitioner and pass orders on its own merits and in accordance with law, after providing opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

(D.K.K.J.) (P.D.B.J.) 22.06.2023 Internet: Yes/No Index : Yes/No mst To

1. The Collector, Dharmapuri, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

mst 22.06.2023