Devarapalli Saraswathi v. Union Of Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P. No.19640 of 2020

1. Devarapalli Saraswathi

2. Devarapalli Surya Prakash Rao ... Petitioners Vs.

1. Union of Territory of Puducherry Represented by Chief Secretary Government of Puducherry.

2. The Deputy Tahsildar Revenue Sub-Taluk Office Yanam.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to pass orders on First Petitioner's representation dated 01.09.2020 by issuing the origin caste certificate to the Second Petitioner under the Constitution (Puducherry) Scheduled Castes Order 1964.

For Petitioner : Mr. J.Srinivasa Mohan For Respondents : Mr. C.T.Ramesh Additional Government Pleader (Puducherry)

ORDER

(Order of the Court was passed by N.KIRUBAKARAN, J) The Petitioner has come before this Court seeking Writ of Mandamus directing the Respondents to consider and pass orders on the Petitioners representation dated 22.04.2016 and 01.09.2020 for issuance of Scheduled Caste (Adi Andhra) origin certificate to the Second Petitioner stating that he belongs to Scheduled Caste (Adi Andhra) under the Constitution (Puducherry) Scheduled Caste Order, 1964.

2.

Mr. J.Srinivasa Mohan, Learned Counsel appearing for the Petitioner submits that the Petitioners belongs to Adi Andhra, which is classified as Scheduled Caste. Though the parents of the Petitioners are native of Farampata Village, Yanam, Union Territory of Pondicherry, they belong to Scheduled Caste (Adi Andhra). The Petitioners are born, brought up and educated at Union Territory, viz., Yanam. Therefore, the Petitioners' gave representations dated 22.04.2016 and dated 01.09.2020 seeking a certificate stating that the Second Petitioner belongs to Hindu Scheduled Caste (Adi Andhra) community. Since no order has been passed on the said representations, the petitioners have come before this Court.

3.

Heard Mr.J.Srinivasa Mohan, Learned Counsel for the Petitioners and Mr. C.T.Ramesh, Learned Additional Government Pleader (Puducherry) appearing for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

4.

The Writ Petitioners claim that they belong to Scheduled Caste (Adi Andhra) Community and they rely upon Caste Certificate and Birth Certificate of the Second Petitioner and also documents to prove that they belong to the said community and therefore, they should be given with such Certificate. 5.

In view of that, the Second Respondent is directed to consider the representations of the Petitioners dated 22.04.2016 and 01.09.2020, after giving an opportunity of personal hearing to the Petitioners to adduce both oral and documentary evidences and thereafter, pass orders on merits in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

6.

With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

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

To

1. The Chief Secretary Government of Puducherry.

2. Deputy Tahsildar Revenue Sub-Taluk Office Yanam.

+1CC to the Government Pleader for Puducherry, Sr.No.28262 +1CC to M/s.TVJ Associates, Advocate, Sr.No.28254 W.P. No. 19640 of 2020 PL (CO) K.RK. (19.07.2021)