G.Veerabathiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.17436/2020 C.Veerabathiran ..Petitioner

Versus

1. The District Collector Tirupattur District, Tirupattur.

2. The Sub Collector Tirupattur.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing respondent No.1 to consider and direct the appeal of the petitioner dated 27.02.2020 on merits and in accordance with law within a reasonable time as may be determined by this Court.

For Petitioner :

Mr.M.Radhakrishnan For Respondents:

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 the respondents.

(3)The petitioner would claim that he belongs to Hindu Kurumans Scheduled Tribe Community and sought Community Ceritificates for himself as well as his wife and two daughters. The 2nd respondent, vide Proceedings dated 20.02.2020 in Na.Ka.No.A2/2070/2019, has rejected the said request and also indicated that if the concerned persons are aggrieved by the said order, they may prefer an appeal to the 1st respondent. (4)Mr.M.Radhakrishnan, learned counsel for the petitioner would submit that the petitioner has also preferred an Appeal Memorandum dated 27.02.2020 to the 1st respondent, challenging https://hcservices.ecourts.gov.in/hcservices/

the Proceedings / Order of the 2nd respondent dated 20.02.2020 and despite a lapse of nearly nine months and odd, no response is forth coming and therefore, prays for appropriate orders for early disposal of the appeal on merits and in accordance with law.

(5)The Court heard the submission of Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents and also perused the materials placed before it.

(6)This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner made in the Appeal Memorandum dated 27.02.2020, directs the 1st respondent to entertain the Appeal Memorandum dated 27.02.2020 submitted by the petitioner, if the papers are otherwise in order and thereafter, consider and dispose of the said Appeal on merits and in accordance with law and pass appropriate orders 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.

(7)The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector Tirupattur District, Tirupattur.

2. The Sub Collector Tirupattur +1cc to Mr.M.Radhakrishnan, Advocate, S.R.No.40524 +1cc to the Government Pleader, S.R.No.40377 WP.No.17436/2020 SPD(CO) RV(04/01/2021) https://hcservices.ecourts.gov.in/hcservices/