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Madras High CourtWP/19178/2021disposed of

G.Murugan v. The Revenue Divisional Officer

2021-09-13Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P. NO.19178 OF 2021 G.Murugan .. Petitioner

Versus

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to consider the application dated 21.09.2020 and to issue community certificate to the petitioner and his children viz., M.Suresh Kumar and M.Vimal Kumar that they belong to Kurumans (ST) Community based upon the community certificate already issued petitioner's maternal uncle's daughter D.Semmalar and State Committee report of the petitioner's grandfather's brother's granddaughter K.Lakshmi. For petitioner : Mr.V.Elangovan For respondent : Mr.C.Jaya Prakash

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. The prayer in the Writ Petition is for issuance of a Writ of Mandamus, directing the respondent to consider and pass

orders on the application of the petitioner dated 21.09.2020.

3. Mr.V.Elangovan, learned counsel appearing for the petitioner would state that the petitioner belongs to the Kurumans Community, which has been classified as Scheduled Tribe. He would further state the petitioner made an application to the respondent for issuance of a Community Certificate to his children, in turn, the respondent sought for a report from the Tahsildar, but no follow up action has been taken. Hence, he has come up with this Writ Petition.

4. The learned counsel would further submit that, it would suffice if a suitable direction is issued to the respondent to pass orders on the application of the petitioner.

5. Mr.C.Jaya Prakash, learned Government Counsel appearing for the respondent would urge that on receipt of the the application of the petitioner, the respondent called for a report from the Tahsildar, Pennagaram, but no report has been received so far. After receiving the report from the concerned Tahsildar, the respondent is ready to pass orders on the application of the petitioner.

6. In the light of the submissions of the learned Government Counsel and the limited scope of the prayer sought for in the Writ Petition, this Court without expressing any opinion on the merits of the matter, directs the respondent to get a report from the concerned Tahsildar and pass orders on the application of the petitioner purely on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order after affording ample opportunity to the petitioner.

7. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar pvs

To The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

Copy To The Tahsildar, Pennagaram, Dharmapuri District. +1cc to M/s.S.Doraisamy, Advocate, S.R.No.46331 +1cc to the Government Pleader, S.R.No.46518 W.P. No.19178 of 2021 KSM(CO) RLP(01/10/2021)