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Madras High CourtWP/28815/2023disposed of

P.Ponnusamy v. The State Of Tamil Nadu

2023-11-08Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA 1.P.Ponnusamy 2.P.Kannan ... Petitioners vs

1. The State of Tamil Nadu Rep. By the Secretary to Government Adi-Dravidar and Tribal Welfare Department Fort St.George Chennai-600 009 2.The Commissioner/Director of Adi-Dravidar and Tribal Welfare Chepauk, Chennai-600 005 3.The District Adi-Dravidar and Tribal Welfare Officer Office of the District Ad-Dravidar and Tribal Welfare Tribal Welfare Officer Tiruvannamalai District.

4. The District Collector Collectorate Office Vengikkal, Tiruvannamalai District.

5.The Revenue Divisional Officer Arani Taluk Tiruvannamalai District 1/5

6.Dr.S.Sumathi ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 4th respondent to conduct Enquiry and issue community certificate for the petitioners certifying the petitioner's community as Hindu Kanikkar Community, Scheduled in Sl.No.7 of the List of Schedule Tribes in the State of Tamil Nadu, at the earliest in view of the petitioner's representation dated 19.01.2022 and 25.05.2023 reconsidering the online application dated 11.10.2022.

For Petitioner : Mr.Karthikaa Ashok For Respondents : Mrs.Mythreye Chandru Spl.Govt Pleader for R1 to R5.

ORDER

(The Order of the Court was made by J.Nisha Banu,J.) When the matter is taken up for hearing, learned counsel for the petitioners submits that issuance of community certificate has been rejected by the 5th respondent-Revenue Divisional Officer, Arani Taluk, Tiruvannamalai District. He would state that while rejecting the application for community certificate, the Revenue Divisional Officer, Arani, has pointed out that the said rejection is based on the report of the Anthropologist. The learned counsel therefore prayed this court for a direction to the 5th respondent to furnish a copy of the Anthropologist report to the petitioners in order to enable the petitioners to 2/5

file appeal as against the said rejection order dated 03.11.2023.

2. Taking note of the impugned order dated 03.11.2023 passed by the 5th respondent in Na.Ka.A5/5011/2021, whereby, the 5th respondent rejected the community certificate, this writ petition has become infructuous. However, the 5th respondent is directed to furnish a copy of the Anthropoligist report in the subject matter to the petitioners within a period of four weeks from the date of receipt of a copy of this order.

3. This writ petition is dismissed as infructuous with liberty to the petitioner to challenge the impugned order in the manner known to law. No costs.

(J.N.B.,J.) (N.M.,J.) 08.11.2023 Index:Yes/No Speaking/Non-speaking order nvsri 3/5

To

1. The Secretary to Government Adi-Dravidar and Tribal Welfare Department Fort St.George Chennai-600 009 2.The Commissioner/Director of Adi-Dravidar and Tribal Welfare Chepauk, Chennai-600 005 3.The District Adi-Dravidar and Tribal Welfare Officer Office of the District Ad-Dravidar and Tribal Welfare Tribal Welfare Officer Tiruvannamalai District.

4. The District Collector Collectorate Office Vengikkal, Tiruvannamalai District.

5.The Revenue Divisional Officer Arani Taluk Tiruvannamalai District 4/5

J.NISHA BANU,J.

and N.MALA,J.

nvsri 08.11.2023 5/5