C.Raman v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.28224 of 2021 C.Raman ... Petitioner -vs1.The Collector Kallakurichi 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer 3.The Special Tahsildar (ADW) Kalvarayan Hills Taluk 4.The Village Administrative Officer Kilaakkaadu Village Kalvarayan Taluk Kallakkurichi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal which is pending before the 1st respondent dated 23.08.2021 and consequently direct the 2nd respondent to issue Scheduled Tribe Community Certificate in Christian religion.

For petitioner :

Mr.R.Dinesh Kumar For respondents :

Mr.K.V.Sajeev Kumar Special Government Pleader

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) This writ petition has been taken up for final disposal, at the admission stage itself.

2.Mr.K.V.Sajeev Kumar, learned Special Government Pleader takes notice for the respondents.

3.The petitioner has come forward with this writ petition for issuance of writ of mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 23.08.2021 and consequently direct the 2nd respondent to issue Scheduled Tribe Community Certificate in Christian religion.

4.The learned counsel for the petitioner would state that an application was filed before the 2nd respondent for issuance of community certificate to the petitioner's children, but, it was rejected by the 2nd respondent. Challenging the same, appeal has been preferred by the petitioner before the 1st respondent on 23.08.2021. It is further submitted that thought the petitioner has sought for consequential direction to the 2nd respondent to issue ST community certificate in Christian religion, it would suffice, to direct the 1st respondent to dispose of the appeal dated 23.08.2021, preferred by the petitioner in a time frame. 5.The learned Special Government Pleader on instructions would state that the appeal filed by the petitioner is pending before the 1st respondent and he is ready to dispose of the same on merits and in accordance with law.

6.In the light of the limited scope of prayer sought for in this writ petition, this Court without expressing any opinion on the merits of the matter directs the 1st respondent to dispose of the appeal of the petitioner dated 23.08.2021, on merits and in accordance with law, after affording personal hearing to the petitioner, within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar Jer To 1.The Collector, Kallakurichi,

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Special Tahsildar (ADW), Kalvarayan Hills Taluk, 4.The Village Administrative Officer, Kilaakkaadu Village, Kalvarayan Taluk, Kallakkurichi District.

W.P.No.28224 of 2021 GPL (CO) PR (31/01/2022)