M.Rahul, v. The District Collector And Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.12.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P. NO.25507 OF 2019 1.M.Rahul 2.M.Priyanka .. Petitioners v.
1.
The District Collector and Chairman District Level Vigilance Committee, Salem District, Salem.
2.
The Sub Collector, Mettur Taluk, Salem District.
.. Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the first respondent proceedings Na.Ka.No.150/2018/ The-A dated 26.09.2018 and quash the same and direct the respondents to issue Community Certificates to the petitioners namely Rahul and M.Priyanka to the effect that they belong to the Konda Reddy Scheduled Tribe Community on the basis of the Community Certificate issued to their father Mr.N.Mahalingam dated 22.11.1978.
For petitioners : Mr.L.Chandrakumar for Mr.N.Naganathan For respondents : Mrs.Narmadha Sampath, Additional Advocate General-V assisted by Mr.V.Shanmuga Sundar Special Government Pleader
ORDER
(Order of this Court was made by R.SUBBIAH,J.) The petitioners have come up with this present Writ Petition for issuance of Certiorarified Mandamus, calling for the records of the proceedings bearing Na.Ka.No.150/2018/The-A dated
26.09.2018 issued by the first respondent and to direct the respondents to issue them Community Certificates to the effect that they belong to the Konda Reddy Scheduled Tribe Community on the basis of the Community Certificate issued to their father Mr.N.Mahalingam dated 22.11.1978.
2.In the affidavit filed in support of the writ petition, it is stated that the petitioners belong to Konda Reddy Community. They have approached the Sub Collector, the second respondent for issuance of Community Certificate by producing relevant documents to show that they belong to Konda Reddy community. Since the petitioners' application was rejected by the second respondent, the petitioners filed an Appeal before the first respondent, who has passed the impugned proceedings confirming the order passed by the second respondent. Feeling aggrieved, the petitioners are before this Court seeking the above direction.
3.When the matter is taken up for consideration, learned Additional Advocate General appearing for the respondents would submit that the petitioners are having appeal remedy before the State Level Scrutiny Committee.
4.In view of the submission made by the learned counsel on either side, this Court is constrained to direct the petitioners to file an Appeal before the State Level Scrutiny Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the State Level Scrutiny Committee is directed to consider the Appeal to be filed by the petitioners, preferably within a period of eight weeks thereafter. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar vga To 1.
The District Collector and Chairman District Level Vigilance Committee, Salem District, Salem.
2.
The Sub Collector, Mettur Taluk, Salem District.
+1cc to Mr.N.Naganathan, Advocate, S.R.No.102622 +1cc to the Government Pleader, S.R.No.103150 W.P.No.25507 of 2019 GJ(CO) CS/30/01/2020