N.Narasimmamurthy v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.20663 of 2021 N.Narasimmamurthy

...Petitioner

Vs.

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, praying for issuance of a Writ of Mandamus directing the first respondent to dispose the appeal of the petitioner dated 14.02.2020 and to issue community certificate to the petitioner and his son N.Narendra that they belong to 'Kurichchan (ST), Communicate.

For petitioner : Mr.S.Doraisamy For respondents : Mr.TNC.Kaushik Govt Counsel

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J) Mr.T.N.C.Kaushik, learned Government Counsel takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.This Writ Petition is filed seeking for the issuance of a Writ of Mandamus to direct the first respondent to dispose of the appeal of the petitioner dated 14.02.2020 and to issue the community certificates to the petitioner and his son N.Narendra that they belong to Kurichchan (ST) Community. 3.It appears that the application submitted by the petitioner for issuance of community certificates was rejected by the second respondent. Aggrieved over the same, he preferred an appeal before the first respondent on 14.02.2020. 3.The learned counsel for the petitioner would submit that even though the appeal was preferred in the month of February 2020, the first respondent has not passed any order so far.

He would further submit that it would suffice, if a suitable direction is issued to the first respondent to pass orders on the appeal of the petitioner within the time frame. 4.The learned Government Counsel appearing for the respondents would submit that in view of the Covid - 19 pandemic, the appeal is pending for about 11⁄2 years and now, the first respondent is ready to pass orders on the appeal of the petitioner in accordance with law.

5.In the light of the above submissions of the learned counsels and considering the nature of the prayer sought for in this writ petition, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to pass orders on the appeal of the petitioner dated 14.02.2020, after providing sufficient opportunity to the petitioner, in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar skn

To 1.The Collector, Krishnagiri, Krishnagiri District.

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

+1CC to M/s.S.Doraisamy, Advocate, SR.No. 49604 +1CC to The Government Pleader, SR.No. 50137 W.P.No.20663 of 2021 KV(CO) B.VC (18/10/2021)