V.Sathya, v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.22664 of 2016 and WMP.No.19367 of 2016 V.Sathya
...Petitioner
Vs.
The Tahsildar Krishnagiri Taluk Office Krishnagiri District
...Respondent
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of online rejection dated 23.03.2016 on the application of the petitioner dated 10.03.2016 on the file of the respondent, quash the same and direct the respondent to issue Panniandi S.C. Community Certificate to the petitioner within the time stipulated by this court. For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.P.S.Shivashanmugasundaram, Spl.G.P.
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) This Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of online rejection dated 23.03.2016 on the file of the respondent and to quash the same and to direct the respondent to issue Panniandi S.C. Community Certificate to the petitioner.
2. Heard the learned counsel for the petitioner and Mr.P.S.Shivashamugasundaram, learned Special Government Pleader, who accepts notice on behalf of respondent.
3. In the accompanying affidavit of the Writ Petition, the petitioner has averred that she belongs to "Panniandi Community" which is classified as Scheduled Caste Community; her father obtained Panniandi Scheduled Caste Community Certificate from https://hcservices.ecourts.gov.in/hcservices/
the Tahsildar, Dharmapuri, vide Proceeding in R.Dis.9835/1998 dated 18.08.1998 and her brother, sister also obtained similar certificates. It is further averred that she applied for the same in the year 2014 by enclosing all relevant documents and again through online application dated 10.03.2016 with all required details, however, the respondent rejected the said application through online without assigning any reasons.
4. We have perused the impugned order dated 23.03.2016. It is needless to state that the reasoning is the heart beat of the order. Without reasons, it is difficult to understand as to whether there was proper application of mind on the part of the authority, before passing the order.
5. Mr.P.Sivashanmugasundaram, learned Special Government Pleader, who was directed to take notice for the respondent submits that one month time may be given to the respondent to pass necessary orders.
6. In the light of the said submission, we direct the respondent to consider the petitioner's online application dated 10.03.2016 and verify the aspects as regards the Community Certificate already issued to the petitioner's family members and pass necessary orders regarding issuance of community certificate, in accordance with law, within a period of one month from the date of receipt of a copy of this order.
7. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nvsri To The Tahsildar Krishnagiri Taluk Office Krishnagiri District +1cc to Mr.R. Bharathkumar, Advocate, S.R.No.36823 +1cc to the Government Pleader, S.R.No.37537 PA(CO) EU(22/07/2016) W.P.No.22664 of 2016 https://hcservices.ecourts.gov.in/hcservices/