Madras High CourtWP/16996/2018disposed of

M.Munisamy, v. State Of Tamilnadu

2018-07-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH W.P.No.16996 of 2018 M.Munisamy ..

Petitioner Vs 1.State of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, rep. by its Secretary, Fort St. George, Chennai - 9.

2.District Collector, Vellore District, Vellore.

3.District Adi Dravidar and Tribal Welfare Officer, Thiruppattur Taluk, Vellore District.

4.Revenue Divisional Officer, Ranipet, Vellore District.

5.The Member Secretary, Tamil Nadu Public Service Commission, 735, Anna Salai, Chennai - 2.

Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the respondents herein to dispose of the application dated 29.06.2017 submitted by the petitioner to the fifth respondent and now pending for consideration before the 4th respondent, for issuance of community certificate to the effect that he belongs to KANIKKAR community, a Scheduled Tribe.

For Petitioner ..

Mr.V.Prem Kumar For Respondent ..

Mr.K.Rajendra Prasad, Addl. Govt. Pleader for R1 to R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner made an application dated 29.06.2017 to the fifth respondent seeking issuance of community certificate to the effect that he belongs to Kanikkar (ST) Community. The said application is pending consideration with the fourth respondent as per the proceedings dated 25.10.2017. Seeking to expedite the same, the present writ petition has been filed. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4.

3.Considering the limited scope of the prayer sought for and without going into the merits of the case, the fourth respondent is directed to pass appropriate orders on the petitioner's application, pursuant to the proceedings in Na.Ka.No.PaMe/A1/15/2017 dated 25.10.2017 within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is also at liberty to file an affidavit before the fourth respondent as per the direction of the Apex Court in sub para 2 of para 12 (Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Development (AIR 1995 SC 94) within a period of two weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mmi To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai - 9.

2.The District Collector, Vellore District, Vellore.

3.The District Adi Dravidar and Tribal Welfare Officer, Thiruppattur Taluk, Vellore District.

4.The Revenue Divisional Officer, Ranipet, Vellore District.

5.The Member Secretary, Tamil Nadu Public Service Commission, 735, Anna Salai, Chennai - 2.

+1cc to Mr.V.PREMKUMAR, Advocate, S.R.No. 44266 +1cc to the Government Pleader, S.R.No. 44915 W.P.No.16996 of 2018 SPD(CO) TR(23/07/2018)