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Madras High CourtWP/21609/2023allowed

Uma v. The Tamilnadu State Level Scrutiny Committee

2023-11-07Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala3 pages

W.P.No.21609 of 2023 J.NISHA BANU, J.

and N.MALA, J.

This writ petition is listed under the caption "for reporting compliance".

2. Learned counsel for the petitioner stated that this Court vide order dated 07.11.2023 set aside the impugned order, dated 11.10.2019 and remitted the matter back to the respondent to issue community certificate to the petitioner. But the competent Authority to issue community certificate to the petitioner is the Revenue Divisional Officer, Dharmapuri, who is not impleaded as the party respondent in this writ petition. Therefore, he sought for modification of the order passed by this Court.

3. Heard the learned counsel for the petitioner and the respondents and perused the order dated 07.11.2023.

4. Even though the Revenue Divisional Officer, Dharmapuri is not impleaded as a party in this writ petition, considering the submission made

by the learned counsel for the petitioner, the matter is remitted back to the file of the Revenue Divisional Officer, Dharmapuri for issuing community certificate to the petitioner. In view of the same, the fiftth paragraph of the order dated 07.11.2023 is modified and reads as under: "5. Taking into consideration all the above aspects, we are of the opinion that the impugned order is liable to be set aside and the matter has to remitted back to the Revenue Divisional Officer, Dharmapuri, to issue community certificate to the petitioner. Accordingly, the impugned order of the respondent dated 11.10.2019 is hereby setaside and the matter is remitted back to the Revenue Divisional Officer, Dharmapuri, to issue community certificate to the petitioner that she belongs to Kurichchan (Scheduled Tribe) community within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed."

(J.N.B., J.) (N.M., J.) 24.11.2023 Note: Registry is directed to carry out the above correction and re-issue the order copy.

sts J.NISHA BANU, J.

and N.MALA, J.

sts W.P.No.21609 of 2023 Dated:

24.11.2023