G.Nagarajan v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.27794 of 2016 G.Nagarajan

...Petitioner

Vs.

The Revenue Divisional Officer, Harur, 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 children of the petitioner viz., (i)N.Shivasurya Kumar and (ii)N.Rajasree that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner and his wife M.Sathyapriya and his close blood relative Govindaraj, which was verified by the State Level Scrutiny Committee in his proceedings No.21289/CVIII/2008 dated 10.06.2014.

For Petitioner : Mr.V.Elangovan For Respondent : Ms.M.Lalitha, GA

ORDER

(Order of the Court was made by HULUVADI G. RAMESH,J.) Ms.M.Lalitha, learned Government Advocate accepts notice on behalf of the respondent. With the consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition is filed to direct the respondent to issue community certificate to the children of the petitioner viz., (i) N.Shivasurya Kumar and (ii)N.Rajasree that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner and his wife M.Sathyapriya and his close blood relative Govindaraj, which was verified by the State Level Scrutiny Committee in his proceedings No.21289/CVIII/2008 dated 10.06.2014.

3. According to the petitioner, he is working as a Senior Section Engineer in Integral Coach Factory, Chennai and his wife M.Sathyapriya is working as a Pharmacist in Primary Health Centre, https://hcservices.ecourts.gov.in/hcservices/

Pennagaram and they belong to Kurumans community, which is notified as Scheduled Tribe Community. They have obtained community certificate to that effect from the respondent. In their service registers also, their community was mentioned as Kurumans Scheduled Tribe Community. On 14.08.2015, the petitioner applied for issuance of community certificate to his children viz., (i)N.Shivasurya Kumar and (ii)N.Rajasree to the respondent. However, till date, neither any enquiry was conducted nor any order was passed either granting the community certificate or rejecting the application. Therefore, the petitioner is before this Court with the present writ petition.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

5. Considering the facts and circumstances of the case, we direct the respondent to consider the application dated 14.08.2015 preferred by the petitioner and verify the aspects as regards the Community Certificates already issued to the petitioner and his wife M.Sathyapriya and his close blood relative Govindaraj, which is stated to be verified by State Level Scrutiny Committee by its proceedings No.21289/CVIII/2008 dated 10.06.2014 and pass necessary orders regarding issuance of community certificate, 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.

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

+1 cc to M/s.S.doraisamy, advocate,sr.45410 mpi(co) krd 18/8 W.P.No.27794 of 2016 https://hcservices.ecourts.gov.in/hcservices/