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Madras High CourtWP/33028/2024disposed of

Sivakumar v. Revenue Divisional Officer

2024-11-15Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2024

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI W.P.No.33028 of 2024 and WMP No.35800 of 2024 Sivakumar ... Petitioner Vs.

Revenue Divisional Officer, District Collector Office, firs floor, Salem Main Road, Dharmapuri 636 705.

... Respondent PRAYER: The Writ Petition filed under Article 226 of Constitution of India seeking to issue a writ of certiorarified mandamus, calling for the records relating to online rejection orders in respect of online application Nos.TN5202408024245 and No.TN-5202408024212, dated 02.08.2024 issued by the respondent in respect of petitioner's sons Rithish and Poongavin, respectively and to quash the same and directing the respondent to issue ST Kurumans community Certificate to the petitioner's minor sons Rithish and Poongavin on the basis of the ST Kurumans community Certificate No.TN-5202401291637 issued to the petitioner.

For Petitioner : Mr.K.Nithyashree Page 1/5

For Respondent : Mr.Vadivelu Deenadayalan Addl.Govt.Pleader

ORDER

(Order of the Court was made by D.KRISHNA KUMAR, J.) This writ petition has been filed to quash the on-line rejection orders in respect of on-line application Nos.TN5202408024245 and No.TN-5202408024212, dated 02.08.2024 issued by the respondent in respect of petitioner's sons Rithish and Poongavin, respectively and to direct the respondent to issue ST Kurumans community Certificate to the petitioner's minor sons Rithish and Poongavin on the basis of the ST Kurumans community Certificate No.TN-5202401291637 issued to the petitioner.

2. Learned Additional Government Pleader appearing for the respondent submitted that, if the petitioner is aggrieved by the order passed by the respondent/Revenue Divisional Officer, rejecting the claim of the petitioner seeking to issue the ST Kurumans Community Certificate, then, the remedy for the petitioner is only to approach the appellate authority/ District Collector, Dharmapuri District and hence, this writ petition is not maintainable before this court. Page 2/5

3. At this juncture, learned counsel for the petitioner submitted that, if the petitioner is permitted, he will approach the appellate authority seeking remedy and appropriate direction may be given to the appellate authority to consider the case of the petitioner.

4. Considering the submission made by the learned counsel appearing on either side, we dispose of the writ petition with the following directions.

i) The petitioner shall make an application/appeal before the District Collector, Dharmapuri, within a period of one week from the date of receipt of a copy of this order.

ii) If the petitioner made such appeal, within the said stipulated time, the District Collector, Dharmapuri shall consider the same and pass appropriate orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of the appeal, considering the urgency for getting community certificate. There shall be no order as to costs. Connected miscellaneous petition is Page 3/5

closed.

(D.K.K, J.) (P.B.B., J.) 15.11.2024 Internet: Yes/No Index : Yes/No mst To The Revenue Divisional Officer, District Collector Office, firs floor, Salem Main Road, Dharmapuri 636 705.

Page 4/5

D.KRISHNAKUMAR, J.

and P.B.BALAJI, J.

mst W.A.No.33028 of 2024 15.11.2024 Page 5/5