K.Balaji v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Balaji

...Petitioner

Vs.

The Sub-Collector, Hosur, Krishnagiri District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondent to consider the application of the petitioner dated 02.08.2022 and to issue community certificate to the petitioner's children viz. B.Naveen Kumar and B.Nandhish that they belong to Kurichchan (ST) Community based upon the community certificate already issued to the petitioner's father's own brother's son, Nagesh which was verified by the State Level Scrutiny Committee in proceedings No.4293/CVIII/2014 dated 06.03.2015.

For Petitioner : Mr.S.Doraiswamy For Respondent : Mrs.C.Sangamithirai 1/4

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the Writ Petition reads as follows:- directing the respondent to consider the application of the petitioner dated 02.08.2022 and to issue community certificate to the petitioner's children viz. B.Naveen Kumar and B.Nandhish that they belong to Kurichchan (ST) Community based upon the community certificate already issued to the petitioner's father's own brother's son, Nagesh which was verified by the State Level Scrutiny Committee in proceedings No.4293/CVIII/2014 dated 06.03.2015.

2.The application for the petitioner for issuance of a community certificate evidencing that he belongs to Kurichchan, a Scheduled Trible Community is pending with appropriate authority namely, the Sub-Collector, Hosur.

3.The petitioner would seek a positive direction to the SubCollector, Hosur on the basis of an order passed by the State Level Scrutiny Committee on 06.03.2015, confirming the genuineness of the certificate issued to his father's own brother's son.

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4.We do not think, a positive direction could be issued. However, there will be a direction to the Sub-Collector, Hosur to consider the order passed by the State Level Scrutiny Committee also along with other materials in deciding the issue. The Sub-Collector, Hosur shall pass orders within a period of eight weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above directions. No costs.

(R.S.M.,J.) (K.B.,J.) 14.11.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 3/4

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN To:- The Sub-Collector, Hosur, Krishnagiri District.

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