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Madras High CourtWP/21896/2023allowed

N.Ganesan v. The Revenue Divisional Officer

2023-07-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE N.MALA and WM.P.No.21216 of 2023 N.Ganesan ..Petitioner Vs.

The Revenue Divisional Officer, Tiruvallur, Tiruvallur District.

..Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in the order dated Nil passed by the respondent online and quash the same and direct the respondent to issue community certificate to the petitioner's daughter on the basis of the petitioner's community certificate bearing R.C.1859/97-A6 dated 26.05.1997.

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For Petitioner : Mr.M.Radhakrishnan For Respondent : Mr.E.Vijayanand, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order passed by the respondent rejecting the request of the petitioner to issue community certificate and to direct the respondent to issue community certificate to the petitioner's daughter on the basis of the petitioner's community certificate bearing R.C.1859/97-A6 dated 26.05.1997.

2. Learned counsel for the petitioner would state that the petitioner has made an application to the respondent for issuance of Schedule Tribe Community Certificate, "Sholaga", to his daughter G.Vishnu Priya but the respondent has rejected the application online, without giving an opportunity to the petitioner.

3. Considering the above submission made, we are of the view that an opportunity of hearing has to given to the petitioner. Therefore, the Writ Petition is allowed. The rejection order dated Nil passed by the Page 2/4

respondent is set aside and the matter is remitted back to the respondent to pass orders afresh, after following due process of law and after affording an opportunity of hearing to the petitioner. The said exercise shall be done by the respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

(J.N.B,J.) (N.M., J.) Index : Yes / No 25.07.2023 Internet : Yes vsi To The Revenue Divisional Officer, Tiruvallur, Tiruvallur District.

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J. NISHA BANU, J.

and N.MALA,J.

vsi W.P.No.21896 of 2023 25.07.2023 Page 4/4