Minor S.Thamizharasan v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.21833 of 2022 Minor S.Thamizharasan Represented by his father Sengeni (Natural Guardian)
...Petitioner
Vs.
1.Union of India Represented by The District Magistrate cum District Collector, Office of the District Collector, Government of Puducherry, First Floor, New Collectorate Building, Vazudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
2.The Tahsildar, Department of Revenue and Disaster Management, Government of Puducherry, Taluk Office Oulgaret, Puducherry.
3.The Deputy Tahsildar, Department of Revenue and Disaster Management, Government of Puducherry, Taluk Office Oulgaret, Puducherry.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondent Nos.2 and 3 to consider the Application Nos.PBPRD0000583544 & PBPRD0000583545 dated 06.07.2022 submitted by the petitioner to issue fresh Community certificate to the petitioner indicating as petitioner belongs to Hindu-Valluvan Caste/ Community, which recognized as "Schedule Caste" in Union Territory of Puducherry as per the Constitution (Pondicherry) Schedule Castes Order, 1964 based on the previous community certificates issued by the respondents to the petitioner and his family members on various dates/ occasions i.e., 31.07.2022, 18.03.2003, 25.06.2021 & 13.07.2021, and other documents enclosed along with Application Form and also to issue fresh Nativity and Residence Certificate to the petitioner forthwith without any further delay. For Petitioner : Mr.Prakash Adiapadam for Mr.M.Kannan For Respondents : Mr.V.Balamurugane, Government Pleader (Pondicherry) for R1 to R3
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks a mandamus directing the respondents to consider his representation for issuance of community certificate and issue community certificate.
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2. This Court on 30.08.2022 directed the respondents to hold enquiry and thereafter issue community certificate within a period of four weeks. It is now brought to our notice that by the order dated 10.10.2022, the Authorities have rejected the application of the petitioner seeking issuance of community certificate on the ground that he does not belong to the schedule caste community. It is for the petitioner to challenge the said order in the manner known to law.
3. Leaving it open to the petitioner to challenge the said order, this writ petition is dismissed. No costs. Consequently, the connected writ miscellaneous petition is closed.
(R.S.M.,J.) (K.B.,J.) 11.10.2022 dsa Index :No Internet :Yes Speaking order 3/5
To:- 1.The District Magistrate cum District Collector, Union of India, Office of the District Collector, Government of Puducherry, First Floor, New Collectorate Building, Vazudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
2.The Tahsildar, Department of Revenue and Disaster Management, Government of Puducherry, Taluk Office Oulgaret, Puducherry.
3.The Deputy Tahsildar, Department of Revenue and Disaster Management, Government of Puducherry, Taluk Office Oulgaret, Puducherry.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
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