R.Nagarajan v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA WP.No.17384/2020 R.Nagarajan .. Petitioner Vs The Revenue Divisional Officer .. Respondent Villupuram District, Villupuram.

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to issue Community Certificates to petitioner's children N.Saravanan and N.Hemalatha to the effect that they belong to Kattunayakan Community [Scheduled Tribe], on the basis of the petitioner community certificate No.D.Dis.13187/90 dated 08.08.1990 issued by the RDO, Tirukoilur, which was confirmed as ''genuine'' by the State Level Scrutiny Committee by its proceedings No.31190/CV6/2008-8 dated 27.11.2019 based on the petitioner application within a stipulated time.

For Petitioner : *Mr.N.Naganathan For Respondent : Mr.R.Vijayakumar Additional Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of respondent. (3)The petitioner would state that he was issued a permanent Community Certificate bearing No.3/90 in Sl.No.2645003 dated 08.08.1990 by the Revenue Divisional Officer, Tirukoilur, certifying that he belongs to Hindu Scheduled Tribe Kattunaicken Community. The petitioner would

further state that as per the proceedings of the Tamil Nadu State Level Scrutiny Committee dated 27.11.2019 bearing No.31190/CV-6/2008-8, the said Committee has confirmed the fact that the petitioner belongs to the said community. (4)The learned counsel for the petitioner would submit that the petitioner has applied for issuance of Hindu Kattunaicken Scheduled Tribe Community Certificates for his son and daughter, viz., Saravanan and Hemalatha, vide application dated 26.02.2020 and despite a lapse of nearly nine months and odd, no progress is taking placing and in the light of the fact that the children of the petitioner want to pursue their higher studies and for that purpose, the Community Certificates are very vital documents, prays for appropriate orders.

(5)Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondent would submit that the representation/application submitted by the petitioner would be given a disposal at the earliest possible time in accordance with law.

(6)This Court has considered the rival submissions and also perused the materials placed before it.

(7)Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the respondent to consider and dispose of the said representation, in the light of the permanent Community Certificate of the petitioner dated 08.08.1990 as well as the proceedings of the State Level Scrutiny Committee dated 27.11.2019 [referred to supra] and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order / uploading of the order in the website and communicate the decision taken, to the petitioner.

(8)The writ petition stands disposed of accordingly. No costs.

-sd/- Assistant Registrar (cs) //True Copy// *Appearence Corrected as per order of this Court dated 22.12.2020 and made in WP.No.17384/20 -s/dAssistant Registrar(CSII) dt 22.12.2020 Sub Assistant Registrar

To The Revenue Divisional Officer substituted Villupuram District, order to be Villupuram.

For the order already despatched on 21/12/2020 +1 C.C.to MR.N.NAGANATHAN, ADVOCATE SR.NO.39745 WP.No.17384/2020 AJB (CO) UMY (19/12/2020) A.SK(27.01.2021)