L.Moorthi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.26412 of 2016 ---- L.Moorthi ...Petitioner Vs.

The Revenue Divisional Officer Dharmapuri Dharmapuri District

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to issue Community Certificate to the petitioner and his children viz., 1) M.Sharmila and (2) M.Harthi that they belong to Kurichchan (ST) Community based upon the community certificate already issued to the close relatives of the petitioner.

For Petitioner : Mr.S.Doraisamy For Respondent : Mr.P.S.Sivashanmuga sundaram Special Government Pleader

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader, who accepts notice on behalf of the respondent.

2. This Writ Petition is filed praying to issue a Writ of Mandamus to direct the respondent to issue Community Certificate to the petitioner and his children viz., 1) M.Sharmila and (2) M.Harthi that they belong to Kurichchan (ST) Community based upon the community certificate already issued to the close relatives of the petitioner.

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3. It is averred in the Writ Petition that the petitioner belongs to Kurichchan Community, which is notified as Scheduled Tribe community and his parents did not obtain community certificate. It is further averred that the petitioner's daughters M.Sharmila and M.Harthi are studying 12th and 10th standard respectively and for the purpose of pursuing their higher studies, he required community certificate, so that, he preferred an application to the respondent on 02.02.2015, however, so far, certificates sought for were not issued by the respondent.

4. Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader, who was directed to take notice for the respondent, submits that two months time may be given to the respondent to pass necessary orders.

5. In the light of the said submission, we direct the respondent to consider the application dated 02.02.2015 preferred by the petitioner and verify the aspects as regards the Community Certificate already issued to the petitioner's family members and pass necessary orders in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs.

nvsri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Revenue Divisional Officer Dharmapuri, Dharmapuri District.

+ 1 cc to Mr.S.Doraisamy, Advocate Sr 42782 + 1 cc to The Govt.Pleader, Sr 43257 W.P.No.26412 of 2016 https://hcservices.ecourts.gov.in/hcservices/