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Madras High CourtWP/5408/2016disposed of

M.Selvaraj, v. The Deputy Collector-Cum-

2016-02-16Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No. 5408 of 2016 M. Selvaraj ....Petitioner Vs.

The Deputy Collector-cum-Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, Salem District.

The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent to issue community certificate to the petitioner's children viz., M.S. Preethi and M.S. Pradeep as Hindu Konda Reddis community (ST), based on the application dated 17.03.2014 within a stipulated time.

For petitioner :Mr. M.R. Jothimanian For respondents:Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents. With consent, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus directing the first respondent to issue Hindu Konda Reddis (ST) community certificate to the petitioner's children, viz., M.S.

Preethi and M.S. Pradeep, based on his application dated 17 March 2014, within a stipulated time frame.

The petitioner, claiming to be belonging to HinduKondareddis (ST) community, made an application to the first respondent on 17 March 2014 seeking such certificate to his son and daughter. Seemingly, the petitioner's application was forwarded to the second respondent, who, in turn, forwarded the same to the Revenue Inspector, Mettur and Village Administrative Officer, Navapatty, to make an enquiry and submit a report. As per the petitioner's averment in the affidavit, the said authorities have also submitted their report dated 02 July 2014, based on which, the second respondent also has enquired the public about the petitioner's community and sent a report to the first respondent. However, pursuant thereto, there has been no progress in the matter and the petitioner's application has not been given heed to. Hence, the instant writ petition seeking the aforestated relief.

Today, when the matter is taken up for hearing, the learned Special Government Pleader submits that the petitioner's application will be considered on its own merits and in accordance with law, in the light of the judgment of this Court in G. Venkitasamy and V. Balasubramaniam vs. The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai, Fort St. George, Chennai - 91, within a period of eight weeks.

In view of the aforestated submission of the learned Special Government Pleader, it is ordered accordingly. The writ petition stands disposed of with the above observation. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2016-1-L.W. 289

To The Deputy Collector-cum-Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, Salem District.

The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.9845 +1cc to the Government Pleader, S.R.No.10004 W.P. No.5408 of 2016 skv(CO) srg(27/02/2016)