S.Durka v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2024 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI S.Durka .. Petitioner Vs 1.Union of India, rep. by the Government of Puducherry, through the Secretary to Government for Revenue Department, Chief Secretariat, Puducherry-605 001.

2.The District Collector, Department of Revenue and Disaster Management, 1-Floor, New Revenue Complex, Vazhudavoor Road (near Rajiv Gandhi Statue) Puducherry-605 009.

3.The Tahsildar, Villianur Taluk, Villianur, Puducherry.

4.The Centralised Admission Committee (CENTAC), Kamarajar Manimandapam, Near Sivaji Statue, Karuvadikuppam, Puducherry-605 008.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records of the third respondent with No.4296/TOV/CERT/A3/2024 dated 13.8.2024 and to quash the same and consequently to direct the third respondent to issue community certificate to the petitioner on the basis of her mother's residence.

For the Petitioner : Mr.V.Ajayakumar For the Respondents : Mr.S.Raveekumar Govt. Pleader (Puducherry)

ORDER

(Order of the Court was made by D.Krishnakumar, J.) Challenging the impugned order of the third respondent dated 13.8.2024, the petitioner has filed the present writ petition.

2. During the course of hearing, learned Government Pleader (Puducherry) appearing for the respondents submitted that as against the impugned order passed by the third respondent rejecting the request of the petitioner for issuance of community certificate (origin), the petitioner has filed an appeal before the Sub-Collector (Revenue), South. By the order dated 25.9.2024, the appellate authority upheld the decision of the third respondent. Learned Government Pleader (Puducherry) has also placed on record the order dated 25.9.2024. He would submit that if the petitioner is aggrieved by the aforesaid order, she has to challenge the same in the manner known to law.

3. As rightly pointed out by learned Government Pleader (Puducherry), if really the petitioner is aggrieved by the order of the appellate authority, she has to work out her remedy in the manner known to law.

4. The writ petition is dismissed. However, liberty is

granted to the petitioner to challenge the order dated 25.9.2024 passed by the appellate authority in the manner known to law. There shall be no order as to costs.

Consequently, W.M.P.No.29945 of 2024 is closed.

(D.K.K., J.) (P.B.B., J.) 28.10.2024 Index :

Yes/No NC :

Yes/No bbr To:

1.The Secretary to Government for Revenue Department, Government of Puducherry, Union of India, Chief Secretariat, Puducherry-605 001.

2.The District Collector, Department of Revenue and Disaster Management, 1-Floor, New Revenue Complex, Vazhudavoor Road (near Rajiv Gandhi Statue) Puducherry-605 009.

3.The Tahsildar, Villianur Taluk, Villianur, Puducherry.

4.The Centralised Admission Committee (CENTAC), Kamarajar Manimandapam, Near Sivaji Statue, Karuvadikuppam, Puducherry-605 008.

D.KRISHNAKUMAR,J.

AND P.B.BALAJI,J.

bbr 28.10.2024