M.Raveendiran v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.26350 of 2016 M.Raveendiran ..

Petitioner -vs1. The Tahsildar Vandavasi Taluk Tiruvannamalai District

2. The District Collector Tiruvannamalai District Tiruvannamalai ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pursuant to the order in O.Mu.Aa6/415/2016 dated 22.01.2016 passed by the first respondent and to quash the same as illegal and arbitrary and consequently direct the first respondent to issue community certificates to the petitioner's sons viz., R.Vinodh Kumar and R.Varun Prasad as "Hindu Reddy Ganjam" community in accordance with Government order G.O.Ms.No.541 dated 14.07.1981 and circular in Na.Ka.No.E2/2627/2011 dated 23.02.2011 issued by the second respondent.

For Petitioner ::

Mr.S.L.Venkatesan For Respondents::

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 certiorarified mandamus, to call for the records pursuant to the order in O.Mu.Aa6/415/2016 dated 22.01.2016 passed by the first respondent, quash the same as illegal and arbitrary and to consequently direct the first respondent to issue the community

certificates to the petitioner's sons viz., R.Vinodh Kumar and R.Varun Prasad as "Hindu Reddy Ganjam" community in accordance with Government order G.O.Ms.No.541 dated 14.07.1981 and circular in Na.Ka.No.E2/2627/2011 dated 23.02.2011 issued by the second respondent.

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

3. The petitioner claims to belong to "Ganjam Reddy community", which is notified as Backward Class Community and he had applied to the first respondent on 14.1.2016 seeking for issuance of Ganjan Reddy community certificates to his sons, namely, R.Vinodh Kumar and R.Varun Prasad. It appears that an enquiry was conducted by the concerned Village Administrative Officer and he also recommended to the first respondent to issue the certificates sought for by the petitioner. The grievance of the petitioner is that the first respondent has summarily rejected the application of the petitioner without considering the recommendation made by the Village Administrative Officer and without following the Government Order/Circular in vogue.

4. In view of the above, we quash the impugned order and remit the matter to the first respondent to re-consider the application of the petitioner for issuance of Ganjam Reddy Community Certificate to his sons, namely, R.Vinodh Kumar and R.Varun Prasad in accordance with law. However, it is for the petitioner to produce all such documents in support of his claim and also urge all his contentions before the first respondent. Thereafter, it is for the first respondent to duly verify the documents sought to be produced by the petitioner and to pass appropriate orders in accordance with law after hearing the petitioner. Such an exercise shall be completed within a period of two months from the date of receipt of a copy of this order. With this observation, the writ petition stands disposed of. Consequently, W.M.P.No.22588 of 2016 is closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

To

1. The Tahsildar, Vandavasi Taluk, Tiruvannamalai District.

2. The District Collector, Tiruvannamalai District, Tiruvannamalai.

+1cc to Dr.G.Krishnamoorthy, Advocate Sr.44390 +1cc to the Government Pleader Sr.44854 W.P.No.26350 of 2016 gj[co] srg 26/08/2016