D.Loganathan v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN D.Loganathan S/o.T.N.Devarajan ... Petitioner Vs 1.The Collector, Salem, Salem District.

2.The Revenue Divisional Officer, Mettur Dam, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents to issue Community Certificate to the petitioner's daughter viz., L.Sharmila and L.Lavanya that they belong to Konda Reddis (ST) Community based upon the Community Certificate already issued to the petitioner, his brother and sister and other family members.

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For Petitioner :

Mr.K.A.Prabaharan For Respondents :

Mr.V.Shanmugasundar Special Government Pleader *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing respondents to issue Community Certificate to the petitioner's daughter viz., L.Sharmila and L.Lavanya that they belong to Konda Reddis (ST) Community based upon the Community Certificate already issued to the petitioner, his brother and sister and other family members.

2. Heard learned counsel for petitioner and learned Special Government Pleader appearing for respondents.

3. Learned counsel for petitioner submits that the petitioner belongs to Konda Reddi Community, which is a Scheduled Tribe Community and obtained Community Certificate from the Tahsildar, Hosur. Petitioner's wife and his relative are also holding such a Certificate. Petitioner submitted an 2/5

application to Revenue Divisional Officer, Coimbatore, on 29.10.2010, seeking issuance of Community Certificate to his daughters. The said application was returned on the ground that petitioner belongs to Salem District and hence, he has to approach the Revenue Divisional Officer, Mettur. Thereafter, the petitioner's repeated requests were rejected. Learned counsel further submits that as per the direction of this Court, petitioner has preferred an appeal before the first respondent on 05.09.2017. Since no orders have been passed on the petitioner's appeal, the present Writ Petition has been filed seeking the aforesaid relief.

4. Learned Special Government Pleader appearing for respondents submits that a direction may be issued to first respondent to dispose of the appeal within a specified time.

5. Considering the submissions made, this Court, without traversing into the merits of the case, directs the first respondent to consider and pass appropriate orders on the petitioner's appeal on merits and in accordance with law within a period of eight weeks from the date of receipt of this order.

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The Writ Petition is disposed of with the above direction. No costs. [R.P.S., J] [R.P.A., J] 11.12.2019 Index:yes/no Internet:yes gm To 1.The Collector, Salem, Salem District.

2.The Revenue Divisional Officer, Mettur Dam, Salem District.

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