N.Munisingrappa v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 22.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.20319 of 2021 N.Munisingrappa ... Petitioner

Versus

1. The Collector, Krishnagiri, Krishnagiri District.

2. The Sub-Collector, Hosur, Krishnagiri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the first respondent to dispose of the appeal of the petitioner dated 14.02.2020 and to issue community certificate to the petitioner and his children namely 1.Shashank and 2.Sahana that they belong to 'Kurichchan (ST)' Community. For petitioner : Mr.S.Doraisamy For respondents: Mrs.Akila Rajendran Government Counsel

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 first respondent to dispose of the appeal of the petitioner dated 14.02.2020.

3. The learned counsel appearing for the petitioner Mr.S.Doraisamy would state that the petitioner belongs to Kurichchan Community, which is classified as Scheduled Tribe. He https://hcservices.ecourts.gov.in/hcservices/

would further add that the petitioner preferred an application before the second respondent requesting him to issue community certificate for his children, but it was rejected by an order dated 31.08.2019. Aggrieved over the same, an appeal was preferred before the first respondent on 14.02.2020, but so far, no order has been passed.

4. The learned counsel would further state that, it would suffice if a suitable direction is issued to the first respondent to pass orders on the appeal of the petitioner in a time frame.

5. The learned Government Advocate appearing for the respondents Mrs.Akila Rajendran, on instructions would state that the appeal preferred by the petitioner before the first respondent is still pending and he is ready to pass orders.

6. In the light of the prayer sought for in the Writ Petition and the submissions of the learned counsels appearing on either side, this Court without expressing any opinion on the merits of the matter, directs the first respondent to take up the appeal preferred by the petitioner and pass orders purely on merits and in accordance with law after affording ample opportunity to the petitioner. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pvs To

1. The Collector, Krishnagiri, Krishnagiri District.

2. The Sub-Collector, Hosur, Krishnagiri District.

+1cc to M/s.S.Doraisamy, Advocate Sr.48449 W.P. No.20319 of 2021 ssv[co] srg 22/10/2021 https://hcservices.ecourts.gov.in/hcservices/