K.Madhumita v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN W.P. No. 28607 of 2019 and W.M.P. No.28360 of 2019 1.K.Madhumita 2.K.Kavinesh ... Petitioners -vs1.The District Collector, 2.The District Collector, 3.The Revenue Divisional Officer, 4.The Revenue Divisional Officer, ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to issue the community certificate to K.Madhumita, daughter, aged about 12 years, K.Kavinesh, son, aged about 11 years, the minor children of the petitioner herein on the basis of the community certificate issued to the petitioner, who is the father and natural guardian of the petitioners herein vide ROC 825/97/A3 dated 05/02/1997.

For Petitioners : Mr.N.Senthilkumar For Respondents : Mr.E.Manoharan, AGP

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioners are the son and daughter of one M.Kumaresan, who filed the application on their behalf being the father and natural guardian. In this writ petition, the prayer is to the effect that the petitioners will have to be given community certificates in tune with the one given in favour of their father.

2.The learned Additional Government Pleader, on instructions, submitted that the competent authority is the fourth respondent and not the third respondent, who was the competent authority at the time of issuance of the community certificate in favour of the father of the petitioners. It is further submitted that preliminary enquiry is under progress. 3.In the light of the aforesaid submission, we call upon the fourth respondent to pass appropriate orders on the applications made for grant of community certificates to the petitioners within a period of eight weeks form the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The District Collector, 2.The District Collector,

3.The Revenue Divisional Officer, 4.The Revenue Divisional Officer, +1cc to the Government Pleader sr.84002 +1cc to M/s.N.Senthilkumar, Advocate Sr.83438 W.P. No. 28607 of 2019 br[co] srg 15/11/2019