Madras High CourtWP/2933/2016disposed of

Tmt.R.Jothi v. The Revenue Divisional Officer

2016-11-14Honourable Mr Justice V. Parthiban,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.2933 of 2016 R.Jothi .. Petitioner Vs.

The Revenue Divisional Officer Tiruvannamalai ..Respondent Writ Petition filed under Article226 of the Constitution of India, praying for a writ of Certiorarified Mandamus to call for the entire records relating to the order of rejection passed in proceedings No.A2/3385/2015 dated 30.06.2015 on the file of the respondent, quash the same and direct the respondent to issue community certificate to the petitioner and her children viz., 1.G.R.Sharani and 2.V.R.Ashwanth that they belong to "Kurumans (ST) community" based upon the community certificate already issued to the petitioner's husband.

For Petitioner : Mr.S.Doraisamy For Respondent : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

ORDER

(Order of the Court was made by Huluvadi G.Ramesh,J) Heard Mr.S.Doraisamy, learned counsel for the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader appearing for the respondent.

2. The petitioner, challenges the impugned rejection order passed by the respondent dated 30.06.2015, in rejecting the request made by the petitioner to issue community certificate to her children stating that they belong to "Kurumans (ST) community".

3. Admittedly, as against the impugned rejection order passed by the respondent, as per the Circular issued by the State Government in G.O.(Ms)No.147, Revenue [RA-3(2)] Department dated https://hcservices.ecourts.gov.in/hcservices/

17.03.2016, appeal remedy is available to the petitioner before the Appellate Authority, viz., District Collector concerned and if she is still aggrieved by the order passed by the District Collector, the petitioner has got a further remedy of revision, before the State Level Scrutiny Committee.

4. In view of the same, the petitioner is directed to approach the Appellate Authority, viz., the District Collector concerned, by way of an appeal, as against the impugned rejection order passed by the respondent, within a period of one month from the date of receipt of a copy of this order. On such approach being made by the petitioner, it is for the authority concerned to enquire into the matter and pass appropriate orders thereon, in accordance with law, within a period of two months, thereafter, after affording an opportunity of hearing to the petitioner.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar nvsri To The Revenue Divisional Officer Tiruvannamalai +1cc tp M/s S.Doraisamy, Advocate Sr.65559 +1cc to Government Pleader Sr.65831 W.P.No.2933 of 2016.

SV(CO) RVR 10/01/2017 https://hcservices.ecourts.gov.in/hcservices/