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Madras High CourtWP/25058/2016disposed of

V.Saravanan v. The Collector

2016-07-20Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.25058 of 2016 V.Saravanan

...Petitioner

Vs.

1.The Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Sub Collector, Cheyyar, Tiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to conduct an enquiry and pass orders on the appeal of the petitioner dated 15.02.2016 preferred against the rejection order passed by the second respondent in O.Mu.A4-26015 dated 07.08.2015 for the issuance of the community certificate to the petitioner's children (i)S.Priyanka and (ii) S.Dhanuska that they belong to Kondareddis (ST) Community. For Petitioner : Mr.V.Elangovan For Respondents : Mrs. A.Sri Jayanthi Special Government Pleader

ORDER

(Order of the Court was made by HULUVADI G. RAMESH,J.) Mrs.A.Srijayanthi, learned Special Government Pleader accepts notice on behalf of the respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

2. The prayer made in the Writ Petition is to issue a Writ of Mandamus, directing the first respondent to conduct an enquiry and pass orders on the appeal of the petitioner dated 15.02.2016 preferred against the rejection order passed by the second respondent in O.Mu.A4-260-15 dated 07.08.2015 for the

issuance of the community certificate to the petitioner's children (i)S.Priyanka and (ii)S.Dhanuska that they belong to Kondareddis (ST) Community.

3. The case of the petitioner is that he and his wife belong to Kondareddis community, which is notified as a Scheduled Tribe Community. It was also recorded in their school records that they belong to Kondareddis community, but the petitioner and his wife have not obtained any community certificate to that effect. While so, the petitioner preferred an application to the second respondent on 27.07.2015 requesting to issue community certificate to his children viz. (i)S.Priyanka and (ii) S.Dhanuska. However, the second respondent by order dated 07.08.2015 rejected the petitioner's application for want of necessary documents. Challenging the same, the petitioner preferred an appeal before the first respondent on 15.02.2016 and the same is yet to be disposed of. Therefore, the petitioner has come forward with the present writ petition for the above stated relief.

4. Learned counsel for the petitioner submits that the petitioner along with the application seeking issuance of community certificate to his children, enclosed all the necessary documents including the school certificates of the petitioner and his wife. However, the second respondent rejected the petitioner's application, that too, without conducting any enquiry and without providing an opportunity to the petitioner. Therefore, the petitioner filed an appeal dated 15.02.2016 before the first respondent and the same is pending without any progress.

5. Learned Special Government Pleader for the respondents submits that two months time may be given to the first respondent for disposal of the petitioner's appeal.

6. Considering the submissions made on either side, we direct the first respondent to consider the appeal filed by the petitioner dated 15.02.2016 with regard to issuance of community certificate to his children viz., (i)S.Priyanka and (ii) S.Dhanuska, by verifying the community status of the petitioner and pass necessary orders in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of two months from the date of receipt of a copy of this order. The petitioner is at liberty to produce all the documents available to him in support of his claim to the first respondent at the time of enquiry.

7. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rk To 1.The Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Sub Collector, Cheyyar, Tiruvannamalai District.

+ 1 cc to Mr.S. Doraisamy, Advocate Sr.40947 W.P.No.25058 of 2016 KGK(CO) EU 16.08.16