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Madras High CourtWP/32154/2016disposed of

D.Duraisamy, S/O.Dhimmaiyan, v. The Revenue Divisional

2016-09-15Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Writ Petition No.32154 of 2016 D.Duraisamy ... Petitioner Vs.

The Revenue Divisional Officer Dharmapuri, 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 petitioner and his children viz., (i)D.Mohan Kumar (ii)D.Anushka and (iii) D.Bharatwaj that they belong to Kurumans (ST) Community based upon the verification report of the State Level Scrutiny Committee in proceedings No.6148/CVIII/2012 dated 07.05.2014 in respect of petitioner's close blood relative M.Manirathinam. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.R.Prathapkumar, Additional Government Pleader

ORDER

(Order of the Court was made by HULUVADI G. RAMESH,J.) 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 praying to issue a Writ of Mandamus to direct the respondent to issue Community Certificate to to the petitioner and his children viz., (i)D.Mohan Kumar (ii)D.Anushka and (iii)D.Bharatwaj that they belong to Kurumans (ST) Community based upon the verification report of the State Level Scrutiny Committee in proceedings No.6148/CVIII/2012 dated 07.05.2014 in respect of petitioner's close blood relative M.Manirathinam.

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3. According to the petitioner, he belongs to Kurumans community, which is notified as Scheduled Tribe Community. In his school records, his community was mentioned as such. On 06.10.2015, based on the community certificate issued to his mother's sister's son M.Manirathinam, he applied for issuance of community certificate to himself as well as to his children viz., (i)D.Mohan Kumar (ii)D.Anushka and (iii)D.Bharatwaj 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 Mr.S.Doraisamy, learned counsel for the petitioner and Mr.R.Prathapkumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

5. Considering the facts and circumstances of the case, we direct the respondent to consider the application dated 06.10.2015 preferred by the petitioner and verify the aspects as regards the Community Certificate already issued to the petitioner's close blood relative M.Manirathinam, which is stated to be verified by State Level Scrutiny Committee by its proceedings No.6148/CVIII/2012 dated 07.05.2014 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/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rk To The Revenue Divisional Officer Dharmapuri.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.52357 W.P.No.32154 of 2016 KGK(CO) CA(03/10/2016) https://hcservices.ecourts.gov.in/hcservices/