R.Muniraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Muniraj .... Petitioner vs

1. The District Collector, Collectorate Office, Dharmapuri - 636 705

2. The Sub-Collector, Sub Collector Office, Dharmapuri.

3. The Tahsildar, Taluk Office, Karimangalam, Dharmapuri District.

.... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to consider and dispose of the petitioner's Appeal Petition dated 29.12.2022 for issuance of 1/6

"Pannaiandi" Schedule Caste Community Certificate to the petitioner's wife Mrs.Radha and children Ms.M.Bhuvaneswari, Ms.M.Nirosha and Mr.M.Naveen Kumar within the time to be stipulated by this Court. For Petitioner : Mr.r.Bharath Kumar For Respondents : Mr.E.Vijay Anand, Additional Government Pleader

O R D E R

This writ petition has been filed to issue a Writ of Mandamus to direct the 1st respondent to consider and dispose of the petitioner's Appeal Petition dated 29.12.2022 for issuance of "Pannaiandi" Schedule Caste Community Certificate to the petitioner's wife Mrs.Radha and children Ms.M.Bhuvaneswari, Ms.M.Nirosha and Mr.M.Naveen Kumar within the time to be stipulated by this Court.

2. The case of the petitioner is that he is residing with his family at Kumbara Halli Village, Kumbara Halli Post, Karimangalam Taluk, Dharmapuri District. He belongs to "Panniandi" community which is recognized as Schedule Caste Community. The petitioner states that his father Mr.Ramasamy's brother namely Kaveri has a daughter namely Logeshwari who has 'Panniandi' Schedule Caste Community Certificate 2/6

dated 16.08.2008 issued by the Tahsildar, Pochampalli, Krishnagiri District. The petitioner did not attend the school and he had no occasion to obtain community certificate for him. However, his wife attended school till 6th standard and the Transfer Certificate mentions the caste name of his wife as Panniandi-Schedule caste. The petitioner has two daughters and one son namely Ms.Bhuvaneswari, studied 12th standard, Ms.Nirosha, studying 11th standard and Mr.Naveenkumar, studied 12th standard. The Educational Authorities are insisting to submit 'Panniandi" schedule caste community certificate for making necessary entires in their records. While so, the petitioner approached the 3rd respondent by sending representation through RPAD for issuance of community certificate.

Since the 3rd respondent did not take any action, the petitioner filed W.P.No.15664 of 2020 before this Court and this Court disposed of the said writ petition by directing the 3rd respondent to dispose of the representation within 6 weeks. Accordingly, the 3rd respondent conducted enquiry and passed an order of rejection dated 24.08.2021. Aggrieved over the same, the petitioner filed an appeal dated 27.09.2021 to the 2nd respondent and the 2nd respondent, without considering the documents, rejected the appeal vide order dated 28.09.2022.

Thereafter, the petitioner filed an appeal dated 29.12.2022 before the first respondent through RPAD. The petitioner requires the schedule caste community certificate immediately to enable him to submit the same to the Educational authorities for the higher studies of his son and daughters. But the 1st respndent has not taken any action so far. Hence, the present writ petition.

3. Considering the facts and circumstances, without expressing any opinion on the merits of the claim made by the petitioner, we direct the 1st respondent to consider and dispose of the petitioner's appeal dated 29.12.2022 and pass orders on the same on merits and in accordance in law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.

(J.N.B,J.) (K.B,J.) 11.08.2023 Index:Yes/No Speaking/Non-speaking order vsi 4/6

To

1. The District Collector, Collectorate Office, Dharmapuri - 636 705

2. The Sub-Collector, Sub Collector Office, Dharmapuri.

3. The Tahsildar, Taluk Office, Karimangalam, Dharmapuri District.

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J.NISHA BANU,J.

and K.KUMARESH BABU,J.

vsi 11.08.2023 6/6