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Madras High CourtWP/9751/2015disposed of

R.Sudhakaran, v. The Revenue Divisional

2016-07-06Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE M. V.MURALIDARAN W.P.No.9751 of 2015 R.Sudhakaran ..Petitioner Vs The Revenue Divisional Officer Tiruttani Thiruvallur District.

..Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records realting to the rejection order of the respondent in proceedings in Na.Ka.No.2263/2013/A2 dated 10.12.2014 and the consequential proceedings in Na.Ka.1545/2014/A2 dated 01.12.2014; to quash the same and to direct the respondent to issue community certificate to the petitioner and his children viz., 1. S.Suji, 2. S.Keerthana and 3. S.Ajith that they belong to Kondareddis (ST) community based upon the community certificate already issued to the petitioner's father.

For Petitioner ::

Mr.S.Doraisamy For Respondent ::

Mrs.A.Srijayanthi Special Government Pleader

ORDER

(Order of the Court was made by HULUVADI G.RAMESH, J.) Heard Mr.S.Doraisamy, learned Counsel for the petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader representing the respondent.

2. The petitioner, challenges the impugned rejection order passed by the respondent dated 10.12.2014, in rejecting the request made by the petitioner to issue community certificate to him and his three children stating that they belong to Kondareddis (ST) community based upon the community certificate already issued to the petitioner's father.

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3. Admittedly, as against the impugned rejection order passed by the respondent, as per the Circular issued by the State Government in G.O.(Ms)No.147, Revenue [RA-3(2)] Department dated 17.03.2016, appeal remedy is available to the petitioner before the Appellate Authority, viz., District Collector concerned and if he is still aggrieved by the order passed by the District Collector, the petitioner has got a further remedy of revision, before the State Level Scrutiny Committee.

4. In view of the same, the petitioner is directed to approach the Appellate Authority, viz., the District Collector concerned, by way of an appeal, as against the impugned rejection order passed by the respondent, within a period of one month from the date of receipt of a copy of this order. On such approach being made by the petitioner, it is for the authority concerned to enquire into the matter and pass appropriate orders thereon, in accordance with law, within a period of two months, thereafter, after affording an opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The District Collector, Tiruvellore District.

2.The Revenue Divisional Officer Tiruttani Thiruvallur District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.38094 +1cc to the Government Pleader, S.R.No.38216 W.P.No.9751 of 2015 GR[CO] SRG 19/07/2016 https://hcservices.ecourts.gov.in/hcservices/