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Madras High CourtWP/33240/2019disposed of

Aravind Kumar Singh v. Tashildar

2019-12-18Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.33240 of 2019 Arvind Kumar Singh ..Petitioner vs.

Tashildar, Guindy Circle, Tashildar Office, Chennai District.

.. Respondent Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records of the respondent made in Ref.NAA.Ka.No.E1/1478/2019, dated 12.11.2019 and quash the same and direct the respondent to pass fresh orders after affording opportunity to petitioner.

For Petitioner :

Mr.V.Anantha Natarajan For Respondent :

Mr.P.Rajalakshmi Additional Government Pleader

O R D E R

The petition has been filed in the nature of Certiorari seeking to call for the records and quash the order of the respondents namely Tashildar, Guindy dated 12.11.2019, passed in NAA.Ka.No.E1/1478/2019. This order was passed pursuant to a request made by petitioner, seeking certification that he belongs to economically weaker section and seeking the benefits under the said scheme.

2. By impugned order, the respondent had stated that the petitioner's son, Aryan Singh who is aged 18 years, has studied his Degree and therefore such a certificate cannot be granted to the petitioner. A Status Report has been filed by the respondent stating that the petitioner and his wife belong to Hindu Rajput Community and they had completed graduation in Bihar and that they are now residing at T.Nagar, Chennai. It was stated that therefore, it is not possible to ascertain the information of the movable and immovable properties of the petitioner. However, https://hcservices.ecourts.gov.in/hcservices/

it is also stated that the petitioner's application will be considered

3. The learned counsel for the petitioner stated that he is prepared to file an affidavit stating that he has no properties either movable or immovable in Bihar or in any other State.

4. The order passed by the respondent dated 12.11.2019 is set aside and the petitioner is directed to give a fresh representation giving further or additional documents, which he feels would substantiate his case to obtain EWS certificate and on receiving such representation, the respondent namely Tashildar, may afford a personal hearing to the petitioner, examine the documents and also make further enquiry, as is necessary in enquiries of such nature, and then pass a considered order with reasons on or before 31.01.2020. The petitioner is to give fresh representation on or before 31.12.2019.

5. With these observations, the writ petition stands disposed of.

No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Pns To Tashildar, Guindy Circle, Tashildar Office, Chennai District.

+1cc to Mr.V.Anantha Natarajan, Advocate sr.105502 +1cc to Government Pleader SR.NO. 106269 W.P.No.33240 of 2019 rji(co) nr 20/12/2019 https://hcservices.ecourts.gov.in/hcservices/