K.P.Murugesan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.10.2021

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. NO.22906 OF 2021 K.P.Murugesan .. Petitioner

Versus

1. The Revenue Divisional Officer, Salem 636 001.

2. The Director of Tribal Welfare, Chennai 600 005.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent No.1 to decide the application of the petitioner dated 23.05.2016 in the light of the Cultural Report on "Kurumans" sent by respondent No.2 vide his letter dated 18.02.2015 to respondent No.1 within a reasonable time. For petitioner : Mr.M.Radhakrishnan For respondents : Mr.T.N.C.Kaushik

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Mr.M.Radhakrishnan, learned counsel for the petitioner and Mr.T.N.C.Kaushik, learned Government Advocate appearing for the respondents.

3. The petitioner has come up with this Writ Petition for issuance of a Writ of Mandamus, directing the first respondent to decide the application of the petitioner dated 23.05.2016 within a reasonable time.

4. The petitioner would state that he belongs to Kurumans Community. He made an application dated 23.05.2016 along with other relevant documents for issuance of a Community Certificate to him as well as to his wife Kalivani, son Vijayaraj and daughter Poovitha.

5. The grievance of the petitioner is that though the application was received by the first respondent on 24.05.2016, but no action has been taken till date. Hence, he sent remainder to the Hon'ble Chief Minister of Tamil Nadu on 01.06.2020.

6. The learned counsel appearing for the petitioner would state that it would suffice if a suitable direction is issued to the first respondent to consider the application of the petitioner.

7. The learned Government Advocate appearing for the respondents on instructions would submit that so far the first respondent has not passed any orders on the application of the petitioner and he is ready to pass orders in a time frame.

8. In the light of the prayer sought for in the Writ Petition and the submissions of the learned counsels appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to pass orders on the application of the petitioner dated 23.05.2016, purely on merits and in accordance with law, after affording ample opportunity to the petitioner within a period of six months from the date of receipt of a copy of this order.

9. With the above directions, the Writ Petition is disposed of.No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To

1. The Revenue Divisional Officer, Salem 636 001.

2. The Director of Tribal Welfare, Chennai 600 005.

+1cc to Mr.M.Radhakrishnan, Advocate, S.R.No.56294 +1cc to the Government Pleader, S.R.No.56197 W.P. No.22906 of 2021 VGII(CO) PM/26/11/2021