G.Kala W/O. Late Chandru v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 17.12.2019 CORUM THE HON'BLE MR.JUSTICE R.SUBBIAH and THE HON'BLE MR.JUSTICE R. PONGIAPPAN W.P.No.33676 of 2019 C. Kala ... Petitioner Vs.
1. The District Collector, O/o District Collector, Kanchipuram District
2. The Revenue Divisional Officer, Kanchipuram, Kanchipuram District
3. The Tahsildar, O/o Tahsildar, Sriperumbudur, Kanchipuram District - 602 105 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.10.2018.
For petitioner :Mr.A.Veeramani For Respondents :Mr.V. Shanmuga Sundar Special Government Pleader
ORDER
(Order of the Court was made by R.SUBBIAH, J.,) The petitioner has filed the present writ petition seeking to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.10.2018.
2. The case of the petitioner is that she belongs to Schedule Tribe Irular Community and did her basic studies at Government School, Athanur. In the year 2003, the petitioner got married and through wedlock, one son by name Gokulakrishnan was born on 27.06.2005. The petitioner has applied Community
Certificate for her son with the second respondent and certificate was issued on 30.08.2008. After receipt of the certificate, she found that the father's name of the son was wrongly mentioned as " Palayam" instead of "Chandru" and "Palayam" is the brother of the petitioner. On seeing this mistake, the petitioner made a representation dated 25.10.2018 to rectify the same. Though action was initiated by the respondents on the representation of the petitioner, till date, no order has been passed Hence, the petitioner has come forward with the present writ petition.
3.
Mr.V. Shanmuga Sundar, learned Special Government Pleader appearing for the respondents submitted that if a direction is given by this Court to consider the petitioner's representation, the same will be considered by the respondents on merits and in accordance with law, within a stipulated time. 4.
On perusal of the available materials, it appears that the father of the petitioner's son has been wrongly mentioned as "Palayam" instead of "Chandru" and the prayer of the petitioner is only to rectify the mistake. It appears that as on date the representation of the petitioner is pending before the respondents and therefore, it would be appropriate to direct the respondents to consider the representation of the petitioner and pass orders within a specified time.
5.
Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, we direct the second respondent / The Revenue Divisional Officer, Kanchipuram, Kanchipuram District to consider the petitioner's representation dated 25.10.2018 and passorders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6.
With the above direction, the writ petition is disposed of. No costs.
-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar sr
To
1. The District Collector, O/o District Collector, Kanchipuram District
2. The Revenue Divisional Officer, Kanchipuram, Kanchipuram District
3. The Tahsildar, O/o Tahsildar, Sriperumbudur, Kanchipuram District - 602 105 +1 CC to Mr.A.Veeramani, Advocate sr 105001.
+1 CC to Govt. Pleader sr 105809.
W.P.No.33676 of 2019 RP(CO) SP(07/02/2020)