M.Prasad v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.25360 of 2016 M.Prasad ..

Petitioner -vsThe Revenue Divisional Officer Tiruttani Tiruvallur District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to issue community certificate to the petitioner, his wife P.Jayanthi and two children viz., P.Harish and P.Pooja that they belong to "Kattunayakan (ST) community" based upon the community certificate already issued to his family members as per the application of the petitioner dated 31.07.2013 and reminder dated 04.11.2015 and 05.07.2016.

For Petitioner ::

Mr.M.P.Vairakkannan for Mr.S.Doraisamy For Respondent ::

Mr.P.S.Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the respondent to issue community certificate to the petitioner, his wife P.Jayanthi and two children viz., P.Harish and P.Pooja that they belong to "Kattunayakan (ST) community" based upon the community certificate already issued to his family members, as per the application of the petitioner dated 31.07.2013 and reminder dated 04.11.2015 and 05.07.2016.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader taking notice on behalf of the respondent.

3. The contention of the learned counsel for the petitioner is that the petitioner belongs to Kattunayakan community, which is recognised as Scheduled Tribe and despite the application https://hcservices.ecourts.gov.in/hcservices/

being submitted for issuance of community certificates in favour of himself, his wife P.Jayanthi and his two children viz., P.Harish and P.Pooja stating that they belong to "Kattunayakan Scheduled Tribe community", the respondent authority has not acted upon to issue the same. Hence the petitioner is before this Court.

4. When the petitioner had already submitted the application on 31.7.2013 followed by the further representations on 4.11.2015 and 5.7.2016 for issuance of "Kattunayakan Scheduled Tribe community certificates" in favour of himself, his wife P.Jayanthi and his two children P.Harish and P.Pooja by furnishing all the relevant documents, it is for the respondent/authority to consider the application and to do the needful in accordance with law, if need be after giving further hearing to the petitioner, and after verification within a period of two months from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ss To The Revenue Divisional Officer Tiruttani Tiruvallur District +1cc to M/s. S. Doraisamy, Advocate, S.R.No.41449 +1cc to the Government Pleader, S.R.No.41568 AD(CO) EU(08/08/2016) W.P.No.25360 of 2016 https://hcservices.ecourts.gov.in/hcservices/