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Madras High CourtWP/20132/2020disposed of

N.Uma v. The Sub Collector

2021-01-06Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN WP.No.20132/2020 [Video Conferencing] N.Uma ..Petitioner

Versus

The Sub Collector Tirupattur, Tirupattur District 635 601.

..Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to issue community Certificates to the petitioner and her three childresn, viz., Guruvallavan.S., Vedhavarajan.S., and Devaragavan.S to the effect that they belong to ''Kurumans'' Scheduled Tribe.

For Petitioner :

Mr.M.Radhakrishnan For Respondent :

Mr.R.Vijayakumar Additional Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of respondent.

(3)The elder brother of the petitioner, viz., Thiru.N.Madhavan, was issued with Hindu Kurumans Scheduled Tribe Community Certificate bearing Certificate No.447795 in R.Dis.No.3839/2015 dated 18.12.2017 by the Sub Collector and the Sub Divisional Magistrate, Tiruppathur, Vellore District, Tamil Nadu in compliance of the order dated 28.11.2016 made in WP.No.16203/2016 - N.Madhavan Vs. Sub Divisional Magistrate and Assistant Collector, Tiruppathur, Vellore District. (4)Mr.M.Radhakrishnan, learned counsel for the petitioner would https://hcservices.ecourts.gov.in/hcservices/

submit that the petitioner, vide application / representation dated 09.03.2019, prayed for issuance of Hindu Kurumans Scheduled Tribe Community Certificates in her favour as well as in favour of her three children, viz., S.Guruvallavan, S.Vedavarajan and S.Devaragavan, on the basis of the Community Certificate issued to her own brother Tr.N.Madhavan and also sent a reminder representation in the form of Legal Notice dated 18.06.2020 and despite receipt and acknowledgment, no orders have been passed and therefore, the petitioner is constrained to approach this Court by filing this writ petition.

(5)The Court heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondent and also perused the materials placed before it.

(6)This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in her representation or in the Legal Notice or in the affidavit filed in support of this writ petition, directs the respondent to consider and dispose of the application / representation dated 09.03.2019 objectively and also on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order / uploading of the order in the website and communicate the decision taken, to the petitioner.

(7)The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// ap Sub Assistant Registrar To The Sub Collector Tirupattur, Tirupattur District 635 601.

+1cc to Mr.M.Radhakrishnan, Advocate, S.R.No.1026 +1cc to the Government Pleader, S.R.No.1103 WP.No.20132/2020 (CO) rv(04/02/2021) https://hcservices.ecourts.gov.in/hcservices/