M.Rajam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.21295 of 2019 M.Rajam W/o.Meganathan

...Petitioner

Vs 1.The District Collector, District Collector Office, Kanchipuram District.

2.The Sub-Collector/ The Revenue Divisional Officer, Chengalpet, Kanchipuram District.

3.The Tahsildar, Tahsildar Office, Chengalpet Taluk, Kanchipuram District.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order in Na.Ka.No.143/2019E dated 04.03.2019 passed by second respondent rejecting the petitioner's representation dated 30.12.2016, quash the same and direct the second respondent to consider the petitioner's representation dated 30.12.2016 seeking issuance of SC/ST Hindu Kurumans Community Certificate to the petitioner's son viz., M.Nemiraj.

For Petitioner :

Mr.K.Natarajan For Respondents:

Mr.K.S.Suresh Government Advocate *****

O R D E R

[Order was made by R.SUBBIAH, J] Petitioner has filed the present Writ Petition seeking quash of the order of second respondent passed in Na.Ka.No.143/2019E dated 04.03.2019 rejecting the petitioner's representation dated 30.12.2016 and consequently, direct the second respondent to consider the petitioner's representation dated 30.12.2016 seeking issuance of SC/ST Hindu Kurumans Community Certificate to the petitioner's son viz., M.Nemiraj.

2. Heard learned counsel for petitioner and learned Government Advocate for respondents.

3. When the matter is taken up for consideration, learned Government Advocate submits that since the second respondent has passed an order rejecting the petitioner's representation, the remedy of the petitioner is to prefer an appeal before the first respondent.

4. In view of the submission made by learned Government Advocate, this Court, without going into the merits of the case, directs the petitioner to prefer an appeal, enclosing all relevant documents, challenging the order of second respondent and in the event of such an appeal being filed, first respondent is directed to consider the same and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, at the earliest, preferably, within a period of six weeks from the date of filing of appeal by the petitioner.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar gm

To 1.The District Collector, District Collector Office, Kanchipuram District.

2.The Sub-Collector/ The Revenue Divisional Officer, Chengalpet, Kanchipuram District.

3.The Tahsildar, Tahsildar Office, Chengalpet Taluk, Kanchipuram District.

+1cc to Mr.K.Natarajan , Advocate SR.No. 66513 +1 cc to Government Pleader Sr.No. 68077 Writ Petition No.21295 of 2019 A.SK(09/08/2019)