R.Sivakumar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.No.23649 of 2021 Mr.R. Sivakumar ..Petitioner Vs.

1.The Secretary, The Adidravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Collector, O/o The Collectorate, Vellore District.

3. The Thasildar, O/o Thasildar, Anaikattu, Vellore District.

4. The Revenue Divisional Officer (RDO), O/o Revenue Divisional Officer (RDO), Vellore.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents 2 to 4 to consider petitioner's application dated 22.09.2021 within the time frame fixed by this Court. For Petitioner ::Mr.K. Seetharam For Respondents ::Mr.K.Tippu Sultan Government Advocate

O R D E R

(Order of this Court was made by S. VAIDYANATHAN., J) The writ petition has been filed seeking issue of a Writ of Mandamus directing respondents 2 to 4 to consider the petitioner's application dated 22.09.2021.

2. Mr.K.Tippu Sultan, learned Government Advocate takes notice for the respondents.

3. By consent of both sides, this writ petition is taken up and disposed of at the stage of admission itself.

4. The learned counsel appearing for the petitioner submitted that the petitioner belongs to "Kurumans", a Scheduled Tribe community and for issuance of a community certificate, the petitioner approached the respondents several times along with necessary available documents and information regarding his family and community. The petitioner has also submitted an application dated 22.09.2021 in the prescribed format for issuance of community certificate to respondents 2 to 4, along with required documents, which has not been considered till date. Hence, the learned counsel for the petitioner submitted that the said application of the petitioner may be directed to be considered by the respondent concerned.

5. The learned Government Advocate appearing for the respondents submitted that only after detailed enquiry, the request of the petitioner will be considered.

6. Considering the facts and circumstances of the case and also in view of the submissions made, we cannot issue a positive direction to issue community certificate as the same could be issued only after conducting a detailed enquiry.

7. In such view of the matter, this writ petition is disposed of directing the Revenue Divisional Officer, Vellore/4th respondent herein to conduct a detailed enquiry and based on the verbal enquiry conducted by him and also on the documents placed before him, the 4th respondent shall take a decision on the

application of the petitioner dated 22.09.2021, within a period of three months from the date of receipt of a copy of this order. If the petitioner is aggrieved by the decision of the 4th respondent, it is open to him to challenge the same, in the manner known to law. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nv To 1.The Secretary, The Adidravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Collector, O/o The Collectorate, Vellore District.

3. The Thasildar, O/o Thasildar, Anaikattu, Vellore District.

4. The Revenue Divisional Officer (RDO), O/o Revenue Divisional Officer (RDO), Vellore.

+1cc to Mr.K.Seetharaman, Advocate SR.No.57034 W.P.No.23649 of 2021 GPL(CO) CB(20/12/2021)